UC-NRLF 


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LIBRARY 

OF   THE 

UNIVERSITY  OF  CALIFORNIA. 

OK 


Received 
A  ccessions  No./  2- 


Shelf  NP^~ 


MANUAL 

OF 

PARLIAMENTARY  PRACTICE; 

COMPILED  AND  ARRANGED 
FOR  THE  USE 


OF  THE 

STATE  OF  NEW-YORK. 


LIBRARY 


BY  AARON  CLARK, 


LATE  CLERK  OF  THE  ASSEMBLY. 


SECOND  EDITION, 

REVISED,  CORRECTED  AND  ENLARGED. 

[Copy  right  secured.] 


NEW-YORK: 

PRINTED   BY    CHILD   Si   WELLS. 


1826. 


2.&Q/1 


TO  THE  HONOURABLE 

THE  LEGISLATURE 

OF  THE 

STATE  OF  NEW- YORK. 

Several  years  have  elapsed  since  I  terminated  a  clerk- 
ship of  the  assembly,  that  had  continued  for  six  succes- 
sive years.  But  previous  to  that  period  I  had  compiled 
and  arranged  this  work,  which  is  now  revised,  and  adapt- 
ed to  the  new  constitution,  and  the  additional  rules  of  the 
two  houses.  It  embraces  the  substance  of  the  Manual 
formerly  published  for  the  use  of  congress,  by  the  late 
president  Jefferson  :  together  with  a  great  variety  of  oth- 
er matter  very  important  to  be  known  by  every  member 
of  our  state  legislature.  It  has  been  repeatedly  exam- 
ined, and  pronounced  a  valuable  reference. 

The  difficulty  of  obtaining  a  copy  of  the  first,  added 
to  the  friendly  suggestions  of  many  who  have  of  late 
been  members  of  the  legislature,  have  induced  me  to 
publish  this  second  editition.  It  is  most  respectfully 
submitted  to  your  consideration  and  patronage. 

I  have  the  honor  to  be,  gentlemen, 

Your  most  obedient  and  humble  servant, 

AARON  CLARK. 

New-York,  Jan.  1,  1826. 


Subject  matter.  Page. 

Declaration  of  Independence, 9 

Articles  of  Confederation, 14 

Constitution  of  the  United  States, 21 

Constitution  of  the  State  of  New-York,     ....     43 
Rules  of  the  senate  of  the  State,     ....          .     .  63 

Rules  of  the  court  of  errors, 69 

Rules  of  the  assembly, 74 

Joint  rules  of  the  senate  and  assembly,     ....     80 

The  act  relating  to  notices  for  incorporations,     .     .    81 

„         „  „  new  counties,     ...   82 

THE    LEGISLATURE. 

How  composed, 83 

Organization,     ...         83 

Importance  of  rules, 84 

Privilege, 86 

„     act  concerning, 93 

Act  concerning  bribery, 95 

Quorum, 96 

Call  of  the  house,     .     , 96 

Absence, ,     ....  97 

The  speaker  and  his  duties,  &c 97 

Address  to  the  executive, 100 

Petitions,  presentation  of, 101 

,,         consideration  of, 117 

Committees, 102 

Committee  of  the  whole, 103 

Examination  of  witnesses, 106 

Arrangement  of  business, 107 

Order, 109 

„         respecting  papers, 109 

„         in  debate, 110 

„         of  the  house, 115 

Motions, 118 

Resolutions, 119 

Bills,  leave  to  bring  in, 120 

„     first  reading, 121 

„     second  reading, 121 

„     commitment, 122 


VI  INDEX. 

Committees,  report  of, „     .  12? 

„          standing  committees, 129 

„          under  the  9th  section  of  article  7th  of 

the  constitution  of  the  state,     .     .     .  130 
„          on  bills  from  senate  and  amendments 

by  the  senate, 131 

„  on  resolutions, 132 

„  of  selection, 132 

References  to  state  officers, 132 

Bill,  recommitment, 133 

„    report  taken  up, 133 

,,     second  reading, 134 

„    third  reading, 154 

Reading  papers, 135 

Privileged  questions, 136 

Previous  question, 144 

Amendments, 146 

Division  of  the  question, 149 

Coexisting  questions, 151 

Equivalent  questions, 152 

The  question, 153 

Division  of  the  house, 156 

Reconsideration, 161 

Bills  from  the  other  house, 164 

Amendments  between  the  houses, 164 

Conferences, 167 

Messages, 170 

Assent, 172 

Journals, 174 

Adjournment, 176 

A  session, 177 

Impeachment, 179 

Rules  of  the  senate  of  the  United  States,     .     .     .  186 

„     of  the  house  of  representatives  of  the  U.  States,  193 

Joint  rules  of  the  two  houses  of  congress,      .     .     .  209 


*lrf 

DECLARATION  ,  , 

LlKm 


TSf  COZOTSHUBSS,  tftf^lT  4*  1776. 

TAe  Unanimous  Declaration  of  the  Thirteen  United  States 
of  America. 

WHEN  in  the  course  of  human  events,  it  becomes  ne- 
cessary for  one  people  to  dissolve  the  political  hands 
which  have  connected  them  with  another,  and  to  assume 
among  the  powers  of  the  eai  th,  the  separate  and  equal 
station  to  which  the  laws  of  nature  and  of  nature's  God 
entitle  them,  a  decent  respect  to  the  opinions  of  mankind, 
requires  that  they  should  declare  the  causes  which  impel 
tht-m  to  the  separation. 

We  hold  these  truths  to  be  self-evident,  that  all  men 
are  created  equal ;  that  they  are  endowed  by  their  Crea- 
tor with  certain  unaiienable  rights;  that  among-  these 
are  life,  liberty,  and  the  pursuit  ol  happiness :  That  to 
secure  these  rights,  governments  are  instituted  among 
men,  deriving  their  just  powers  from  the  consent  of  the 
governed :  That  whenever  any  form  of  government  be- 
comes destructive  of  these  ends,   it  is  the  right  of  the 
people  to  alter  or  to  abolish  it.  and  to  institute  nev  g<  v- 
erninent,  laying  its  foundation  on  such  principles,  and 
organizing  its  poweis  in  Mich  form,  as  to  them  shall  seem 
most  likely  to  effect  their  safety  and  happiness.     Pru- 
dence indeed  will  dictate,  that  governments  long  estab- 
lished should  not  be   changed  for  light   and  transient 
causes  •,  and  accordingly  all  experience  hath  shewn,  that 
mankind  are  more  disposed  to  suffer,  while  evils  arc  suf- 
ferable,  than  to  right  themselves  by  abolishing  the  forms 
to  which  they  are  accustomed.     Btft  when  a  long  train 
of  a.buses  and  usurpations,  pursuing  invariably  the  same 
object,  evinces  a  design  to  reduce  them  under  absolute 
despotism,  it  is  their  right,  it  is  their  duty,  to  throw  off 
such  government,  and  to  provide  new  guardj    or  their 
future  security.     Such  has  been  the  patient  suiTr* 
of  these  colonies ;  and  such  is  now  the  necessity  which 
B 


10  Declaration  of  Independence. 

constrains  them  to  alter  their  former  system  of  govern- 
ment. The  history  of  the  present  king  of  Great  Britain 
is  a  history  of  repeated  injuries  and  usurpations,  all  hav- 
ing in  direct  object  the  establishment  of  an  absolute  ty- 
ranny over  these  states.  To  prove  this,  let  facts  be  sub- 
mitted to  a  candid  world. 

He  has  refused  his  assent  to  laws,  the  most  wholesome 
and  necessary  for  the  public  good. 

He  has  forbidden  his  governors  to  pass  laws  of  imme- 
diate and  pressing  importance,  unless  suspended  in  their 
operation  till  his  assent  should  be  obtained ;  and  when 
so  suspended,  he  has  utterly  neglected  to  attend  to  them. 

He  has  refused  to  pass  other  laws  for  the  accommo- 
dation of  large  districts  of  people,  unless  those  people 
would  relinquish  the  right  of  representation  in  the  legis- 
lature ;  a  right  inestimable  to  them,  and  formidable  to 
tyrants  only. 

He  has  called  together  legislative  bodies  at  places  un- 
usual, uncomfortable,  and  distant  from  the  depository  of 
their  public  records,  for  the  sole  purpose  of  fatiguing 
them  into  compliance  with  his  measures. 

He  has  dissolved  representative  houses  repeatedly,  for 
opposing  with  manly  firmness  his  invasions  on  the  rights 
of  the  people. 

He  has  refused  for  a  long  time,  after  such  dissolutions, 
to  cause  others  to  be  elected,  whereby  the  legislative 
powers,  incapable  of  annihilation,  have  returned  to  the 
people  at  large,  for  their  exercise ;  the  state  remaining 
in  the  mean  time  exposed  to  all  the  dangers  of  invasion 
from  without,  and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these 
states ;  for  that  purpose  obstructing  the  laws  for  natural- 
ization of  foreigners  ;  refusing  to  pass  others  to  encour- 
age their  migrations  hither,  and  raising  the  conditions 
of  new  appropriations  of  lands. 

He  has  obstructed  the  administration  of  justice,  by 
revising  his  assent  to  laws  for  establishing  judiciary 
powers. 

He  has  made  judges  dependent  on  his  will  alone,  for 
the  tenure  of  their  offices,  and  the  amount  and  payment 
of  their  salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent 


Declaration  of  Independence.  11 

hither  swarms  of  officers,  to  harrass  our  people,  and  eat 
out  their  substance. 

He  has  kept  among  us,  in  times  of  peace,  standing 
armies,  without  the  consent  of  our  legislatures. 

He  has  affected  to  render  the  military  independent  of, 
and  superior  to,  the  civil  power. 

He  has  combined  with  others  to  subject  us  to  a  juris- 
diction foreign  to  our  constitution,  and  unacknowledged 
by  our  laws ;  giving  his  assent  to  their  acts  of  pretended 
legislation : 

For  quartering  large  bodies  of  troops  among  us  : 

For  protecting  them,  by  a  mock  trial,  from  punish- 
ment for  any  murders  they  should  commit  on  the  inhab- 
itants of  these  states : 

For  cutting  off  our  trade  with  all  parts  of  the  world : 

For  imposing  taxes  on  us  without  our  consent : 

For  depriving  us  in  many  cases,  of  the  benefits  of  trial 
by  jury : 

For  transporting  us  beyond  seas,  to  be  tried  for  pre- 
tended offences  : 

For  abolishing  the  free  system  of  English  laws  in  a 
neighboring  province,  establishing  therein  an  arbitrary 
government,  and  enlarging  its  boundaries,  so  as  to  ren- 
der it  at  once  an  example  and  fit  instrument  for  intro- 
ducing the  same  absolute  rule  into  these  colonies : 

For  taking  away  our  charters,  abolishing  our  most 
valuable  laws,  and  altering  fundamentally  the  forms  of 
our  governments : 

For  suspending  our  own  legislatures,  and  declaring 
themselves  invested  with  power  to  legislate  for  us  in  all 
cases  whatsoever. 

He  has  abdicated  government  here,  by  declaring  us 
out  of  his  protection,  and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt 
our  towns,  and  destroyed  the  lives  of  our  people. 

He  is,  at  this  time  transporting  large  armies  of  for- 
eign mercenaries  to  complete  the  works  of  death,  deso- 
lation and  tyranny,  already  begun  with  circumstances 
of  cruelty  and  perfidy,  scarcely  paralleled  in  the  most 
barbarous  ages,  and  totally  unworthy  the  head  of  a  civ- 
ilized nation. 

He  has  constrained  our  fellow-citizens,  taken  captive 


12  Declaration  of  Independence. 

on  the  high  seas,  to  bear  arms  against  their  country,  to 
become  the  executioners  of  their  friends  and  brethren, 
or  to  fall  themselves  by  their  hands. 

He  has  excited  domestic  insurrection  amongst  us,  and 
has  endeavored  to  bring  on  the  inhabitants  of  our  fron- 
tiers the  merciless  Indian  savages,  whose  known  rule  of 
warfare  is  an  undistinguished  destruction  of  all  ages, 
sexes  and  conditions. 

In  every  stage  of  these  oppressions,  we  have  petition- 
ed for  redress  in  the  most  humble  terms :  our  repeated 
petitions  have  been  answered  only  by  repeated  injury. 
A  prince  whose  character  is  thus  marked  by  every  act 
which  may  define  a  tyrant,  is  unfit  to  be  the  ruler  of  a 
free  people. 

Nor  have  we  been  wanting  in  attentions  to  our  British 
brethren.  We  have  warned  them  from  time  to  time  of 
attempts  by  their  legislature  to  extend  an  unwarranta- 
ble jurisdiction  over  us.  We  have  reminded  them  of 
the  circumstances  of  our  emigration  and  settlement 
here.  We  have  appealed  to  their  native  justice  and 
magnanimity,  and  we  have  conjured  them,  by  the  ties  of 
our  common  kindred,  to  disavow  these  usurpations, 
which  would  inevitably  interrupt  our  connection  and 
correspondence.  They  too  have  been  deaf  to  the  voice 
of  justice  and  consanguinity.  We  must  therefore  ac- 
quiesce in  the  necessity  which  denounces  our  separa- 
tion, and  hold  them,  as  we  hold  the  rest  of  mankind,  en- 
emies in  war  ;  in  peace,  friends. 

We,  therefore,  the  representatives  of  the  United  States 
of  America,  in  general  congress  assembled,  appealing  to 
the  Supreme  Judge  of  the  world  for  the  rectitude  of  our 
intentions,  do,  in  the  name,  and  by  the  authority  of  the 
good  people  of  these  colonies  solemnly  publish  and  de- 
clare, That  these  united  colonies  are,  and  of  right  ought 
to  be,  FREE  AND  INDEPENDENT  STA  TE8 ; 
that  they  are  absolved  from  all  allegiance  to  the  British 
crown,  and  that  all  political  connection  between  them  and 
the  state  of  Great  Britain,  is,  and  ought  to  be  totally  dis- 
solved ;  and  that  as  free  and  independent  states,  they 
have  full  power  to  levy  war,  conclude  peace,  contract  al- 
liances, establish  commerce,  and  to  do  all  other  acts  and 
things  which  independent  states  may  of  right  do. 


Declaration  of  Independence. 


for  the  support  of  this  declaration,  with  a  firm  reliance 
on  the  protection  of  Divine  Providence,  we  mutually 
pledge  to  each  other*  our  lives,  our  fortunes,  and  our 
sacred  honor. 

JOHN  HANCOCK, 


Geo :  Walton, 
Edward  Rutledge, 
Thomas  Hay  ward,  Jun. 
Thomas  Lynch,  Jun. 
Benj.  Harrison, 
Thos.  Nelson,  Jun. 
Geo :  Clymer, 
Wm.  Hooper, 
Joseph  Hewes, 
Samuel  Chase, 
Win.  Para, 
Charles  Carroll,  of  Car- 

rollton, 

George  Wythe, 
Richard  Henry  Lee, 
Arthur  Middleton, 
James  Wilson, 
Robert  Morris, 
Wm.  Floyd, 
John  Dickinson, 
RoUt.  R.  Livingston, 
Geo:  Clinton, 
Tho's.  Willing, 
Bolton  Garnnett, 
Lyman  Hall, 
John  Hart, 
Carter  Braxton, 
Tho's.  Stone, 
Benjamin  Rush, 
Benj  a.  Franklin, 


Wm.  Williams, 
Oliver  Wolcott, 
Wm.  Whipple, 
Geo :  Read, 
Thos.  M.  Reah, 
Phil :  Livingston, 
Fran's.  Lewis, 
Lewis  Morris, 
Rich'd.  Stockton, 
Jas.  Witherspoon, 
Fra's.  Hopkinson, 
Th :  Jefferson, 
Josiah  Bartlett, 
Sam'l.  Adams, 
John  Adams, 
Rob't.  Treat  Paine, 
Elbridge  Gerry, 
Step :  Hopkins, 
William  Ellery, 
Roger  Sherman, 
Abra.  Clarke, 
Geo:  Taylor, 
Geo :  Ross, 
James  Smith, 
John  Penn, 
John  Morton, 
Casar  Rodney, 
Matthew  Thornton, 
Samuel  Huntington, 
Charles  Thompson. 


Those  names  of  the  members  of  the  Convention,  printed  in  Italics. 
were  not  signed  to  the  Declaration  of  Independence. 


ARTICLES  OF  COJ&TEBISSIATIOW, 

AND 

PERPETUAL  UNION, 

Between  the  States  of  New- Hampshire,  Massachusetts- 
Bay^  Rhode-Island  and  Providence  Plantations,  Con- 
necticut, New-York,  New-Jersey,  Pennsylvania,  Del- 
aware, Maryland,  Virginia,  North-Carolina,  South- 
Carolina,  and  Georgia. 

Proposed  by  the  Congress  of  the  United  States,  on  the 

17th  November,  1777,  and  approved  by  this  State,  by 

law  passed  February  6,  1778. 

ARTICLE  I.  The  style  of  this  confederacy  shall  be, 
"THE  UNITED  STATES  OF  AMERICA." 

ART.  II.  Each  State  retains  its  sovereignty,  freedom 
and  independence,  and  every  power,  jurisdiction  and 
right,  which  is  not  by  this  confederation  expressly  dele- 
gated to  the  United  States  in  Congress  assembled. 

ART.  III.  The  said  States  hereby  severally  enter  into 
a  firm  league  of  friendship  with  each  other  for  their 
common  defence,  the  security  of  their  liberties,  and 
their  mutual  and  general  welfare  ;  binding  themselves 
to  assist  each  other  against  all  force  offered  to  or  attacks 
made  upon  them,  or  any  of  them,  on  account  of  reli- 
gion, sovereignty,  trade,  or  any  other  pretence  what- 
ever. 

ART.  IV.  The  better  to  secure  and  perpetuate  mutual 
friendship  and  intercourse  among  the  people  of  the  dif- 
ferent States  in  this  union,  the  free  inhabitants  of  each 
of  these  States  (paupers,  vagabonds  and  fugitives  from 
justice  excepted)  shall  be  entitled  to  all  privileges  and 
immunities  of  free  citizens  in  the  several  states ;  and 
the  people  of  each  State  shall  have  free  ingress  and  re- 
gress to  and  from  any  other  State,  and  shall  enjoy  therein 
all  the  privileges  of  trade  and  commerce,  subject  to  the 
same  duties,  impositions  and  restrictions,  as  the  inhab- 
itants thereof  respectively,  provided  that  such  restric- 
tion shall  not  extend  so  far  as  to  prevent  the  removal  of 
property  imported  into  any  State  to  any  other  state,  of 
which  the  owner  is  an  inhabitant :  Provided  also,  That 
no  imposition,  duties  or  restriction,  shall  be  laid  by  any 


Articles  of  Confederation.  15 

State  on  the  property  of  the  United  States,  or  either  of 
them. 

If  any  person  guilty  of  or  charged  with  treason,  fel- 
ony, or  other  high  misdemeanor,  in  any  State,  shall  flee 
from  justice,  and  be  found  in  any  of  the  United  States, 
he  shall,  upon  demand  of  the  Governor,  or  executive 
power  of  the  State  from  which  he  fled,  be  delivered  up, 
and  removed  to  the  State  having  jurisdiction  of  his  offence. 

Full  faith  and  credit  shall  be  given  in  each  of  these 
States  to  the  records,  acts  and  judicial  proceedings  of 
the  courts  and  magistrates  of  every  other  State. 

ART.  V.  For  the  more  convenient  management  of  the 
general  interests  of  the  United  States,  delegates  shall  be 
annually  appointed,  in  such  manner  as  the  Legislature 
of  each  State  shall  direct,  to  meet  in  Congress  on  the 
first  Monday  in  November,  in  every  year,  with  a  power 
reserved  to  each  State  to  recall  its  delegates,  or  any  of 
them,  at  any  time  within  the  year,  and  to  send  others 
in  their  stead,  for  the  remainder  of  the  year. 

No  State  shall  be  represented  in  Congress  by  less  than 
two,  nor  by  more  than  seven  members ;  and  no  person 
shall  be  capable  of  being  a  delegate  for  more  than  three 
years  in  any  term  of  six  years  ;  nor  shall  any  person, 
being  a  delegate,  be  capable  of  holding  any  office  under 
the  United  States,  for  which  he,  or  another  for  his  ben- 
efit, receives  any  salary,  fees,  or  emoluments  of  any  kind. 

Each  State  shall  maintain  its  own  delegates  in  a  meet- 
ing of  the  States,  and  while  they  act  as  members  of  the 
committee  of  the  States. 

In  determining  questions  in  the  United  States  in  Con- 
gress assembled,  each  State  shall  have  one  vote. 

Freedom  of  speech,  and  debate  in  Congress,  shall  not 
be  impeached  or  questioned  in  any  court  or  place  out  of 
Congress ;  and  the  members  of  Congress  shall  be  pro- 
tected in  their  persons  from  arrests  and  imprisonments, 
during  the  time  of  their  going  to  and  from,  and  attend- 
ance on  Congress,  except  for  treason,  felony,  or  breach 
of  the  peace. 

ART.  VI.  No  State,  without  the  consent  of  the  United 
States  in  Congress  assembled,  shall  send  any  embassy  to, 
or  receive  any  embassy  from,  or  enter  into  any  confer- 
ence, agreement,  alliance  or  treaty  with  any  King, 


16  Articles  of  Confederation. 

Prince  or  State  ;  nor  shall  any  person,  holding  any  of- 
fice of  profit  or  trust  under  the  United  States,  or  any  of 
them,  accept  of  any  present,  emolument,  office,  or  title 
of  any  kind  whatever,  from  any  King,  Prince  or  foreign 
State;  nor  shall  the  United  States  in  Congress  assem- 
bled, or  any  of  them,  grant  any  title  of  nobility. 

No  two  or  more  States  shall  enter  into  any  treaty, 
confederation  or  alliance  whatever  between  them,  with- 
out the  consent  of  the  United  States  in  Congress  assem- 
bled, specifying  accurately  the  purposes  for  which  the 
same  is  to  be  entered  into,  and  how  long  it  shall  con- 
tinue. 

No  State  shall  lay  any  imposts  or  duties,  which  may 
interfere  with  any  stipulations  in  treaties  entered  into  by 
the  United  States  in  Congress  assembled,  with  any  King, 
Prince  or  State,  in  pursuance  of  any  treaties  already 
proposed  by  Congress  to  the  courts  of  France  and  Spain. 

No  vessels  of  war  shall  be  kept  up  in  time  of  peace 
by  any  State,  except  such  number  only  as  shall  be  deem- 
ed necessary  by  the  United  States  in  Congress  assem- 
bled, for  the  defence  of  such  State,  or  its  trade ;  nor 
shall  any  body  of  forces  be  kept  up  by  any  State  in  time 
of  peace,  except  such  number  only  as,  in  the  judgment 
of  the  United  States  in  Congress  assembled,  shall  be 
deemed  requisite  to  garrison  the  forts  necessary  for  the 
defence  of  such  State  :  but  every  State  shall  always  keep 
up  a  well  regulated  and  disciplined  militia,  sufficiently 
armed  and  accoutred,  and  shall  provide,  and  constant- 
ly have  ready  for  use,  in  public  stores,  a  due  number  of 
field  pieces  and  tents,  and  a  proper  quantity  of  arms, 
ammunition  and  camp  equipage. 

No  State  shall  engage  in  any  war  without  the  consent 
of  the  United  States  in  Congress  assembled,  unless  such 
State  be  actually  invaded  by  enemies,  or  shall  have  re- 
ceived certain  advice  of  a  resolution  being  formed  by 
some  nation  of  Indians  to  invade  such  State,  and  the 
danger  is  so  imminent  as  not  to  admit  of  a  delay,  till  the 
United  States  in  Congress  assembled  can  be  consulted; 
nor  shall  any  State  grant  commissions  to  any  ships  or 
vessels  of  war,  nor  letters  of  marque  or  reprisal,  except 
it  be  after  a  declaration  of  war  by  the  United  States  in 
Congress  assembled,  and  then  only  against  the  King- 


Articles  of  Confederation.  It 

clom  or  State,  and  the  subjects  thereof,  against  which 
war  has  been  so  declared,  and  under  such  regulations 
ill  be  established  by  the  United  States  in  Congress 
assembled,  unless  such  States  be  infested  by  pirates,  in 
which  case  vessels  of  war  may  be  fitted  out  for  that  occa- 
sion, and  kept  so  long  as  the  danger  shall  continue,  or 
until  the  United  States  in  Congress  assembled  shall  de- 
termine otherwise. 

ART.  VII.  When  land  forces  are  raised  by  any  State, 
for  the  common  defence,  all  officers  of  or  under  the 
rank  of  Colonel,  shall  be  appointed  by  the  Legislature 
of  each  State  respectively  by  whom  such  forces  shall  be 
raised,  or  in  such  manner  as  such  State  shall  direct; 
and  all  vacancies  shall  be  filled  up  by  the  State  which 
first  made  thl  appointment. 

ART.  VIII.  All  charges  of  war  and  all  other  expen- 
ses that  shall  be  incurred  for  the  common  defence,  or 
general  welfare,  and  allowed  by  the  United  States  in 
Congress  assembled,  shall  be  defrayed  out  of  a  common 
treasury,  which  shall  be  supplied  by  the  several  States, 
in  proportion  to  the  value  of  all  land  within  each  State, 
granted  to  or  surveyed  for  any  person,  as  such  land,  and 
the  buildings  and  improvements  thereon,  shall  be  esti- 
mated, according  to  such  mode  as  the  United  States  in 
Congress  assembled,  shall  from  time  to  time  direct  and 
appoint. 

The  taxes  for  paying  that  proportion  shall  be  laid  and 
levied  by  the  authority  and  direction  of  the  legislatures 
of  the  several  States,  within  the  time  agreed  upon  by  the 
United  States  in  Congress  assembled. 

ART.  IX.  The  United  States  in  Congress  assembled 
shall  have  the  sole  and  exclusive  right  and  power  of  de- 
termining on  peace  and  war,  except  in  the  cases  men- 
tioned in  the  sixth  article — of  sending  and  receiving 
ambassadors — entering  into  treaties  and  alliances,  pro- 
vided, that  no  treaty  of  commerce  shall  be  made,  where- 
by the  legislative  power  of  the  respective  States  shall 
be  restrained  from  imposing  such  imposts  and  duties  on. 
foreigners,  as  their  own  people  are  subjected  to,  or  from 
prohibiting  the  exportation  or  importation  of  any  spe- 
cies of  goods  or  commodities  whatsoever — of  establish- 
ing rules  for  deciding  in  all  eases,  what  captures  oil  land 


18  Articles  of  Confederation. 

or  water  shall  be  legal,  and  in  what  manner  prizes  taken 
by  land  or  naval  forces  in  the  service  of  the  United 
States  shall  be  divided  or  appropriated — of  granting  let- 
ters of  marque  and  reprisal  in  times  of  peace — appoint- 
ing courts  for  the  trial  of  piracies  and  felonies  commit- 
ted on  the  high  seas,  and  establishing  courts  for  receiv- 
ing and  determining  finally  appeals  in  all  cases  of  cap- 
tures :  Provided,  that  no  member  of  Congress  shall  be 
appointed  a  judge  of  any  of  the  said  courts. 

The  United  States  in  Congress  assembled  shall  also 
be  the  last  resort  on  appeal  in  all  disputes  and  differen- 
ces now  subsisting,  or  that  hereafter  may  arise,  between 
two  or  more  States,  concerning  boundary,  jurisdiction, 
or  any  other  cause  whatever ;  which  authority  shall 
always  be  exercised  in  the  manner  following : — When- 
ever the  legislative  or  executive  authority,  or  lawful  a- 
gent  of  any  State  in  controversy  with  another,  shall  pre- 
sent a  petition  to  Congress,  stating  the  matter  in  ques- 
tion, and  praying  for  a  hearing,  notice  thereof  shall  be 
given  by  order  of  Congress  to  the  legislative  or  executive 
authority  of  the  other  state  in  controversy,  and  a  day  as- 
•igned  for  the  appearance  of  the  parties  by  their  lawful 
agents,  who  shall  then  be  directed  to  appoint,  by  joint 
consent,  commissioners  or  judges  to  constitute  a  court 
for  hearing  and  determining  the  matter  in  question  ;  but 
if  they  cannot  agree,  Congress  shall  name  three  persons 
out  of  each  of  the  United  States,  and  from  the  list  of 
such  persons  each  party  shall  alternately  strike  out  one, 
the  petitioners  beginning,  until  the  number  shall  be  re- 
duced to  thirteen ;  and  from  that  number  not  less  than 
seven  nor  more  than  nine  names,  as  Congress  shall  di- 
rect, shall  in  the  presence  of  Congress  be  drawn  out  by 
lot ;  and  the  persons  whose  names  shall  be  so  drawn,  or 
any  five  of  them,  shall  be  commissioners  or  judges  to 
hear  and  finally  determine  the  controversy,  so  always  at 
a  major  part  of  the  judges,  who  shall  hear  the  cause,  shall 
agree  in  the  determination ;  and  if  either  party  shall  neg- 
lect to  attend  at  the  day  appointed,  without  shewing  rea- 
sons which  Congress  shall  judge  sufficient,  or  being 
present  shall  refuse  to  strike,  the  Congress  shall  proceed 
to  nominate  three  persons  out  of  each  State,  and  the 
Secretary  of  Congress  shall  strike  in  behalf  of  such  par- 


Articles  of  Confederation.  19 

ty  absent  or  refusing ;  and  the  judgment  and  sentence 
of  the  court,  to  be  appointed  in  the  manner  before  pre- 
scribed, shall  be  final  and  conclusive  ;  and  if  any  of  the 
parties  shall  refuse  to  submit  to  the  authority  of  such 
court,  or  to  appear  or  defend  their  claim  or  cause,  the 
court  shall  nevertheless  proceed  to  pronounce  sentence 
or  judgment,  which  shall  in  like  manner  be  final  and  de- 
cisive, the  judgment  or  sentence  and  other  proceedings 
being  in  either  case  transmitted  to  Congress,  and  lodged 
among  the  acts  of  Congress,  for  the  security  of  the  par- 
ties concerned  :  Provided,  That  every  commissioner,  be- 
fore he  sits  in  judgment,  shall  take  an  oath,  to  be  admin- 
istered by  one  of  the  judges  of  the  supreme  or  superior 
court  of  the  State  where  the  cause  shall  be  tried,  "  well 
and  truly  to  hear  and  determine  the  matter  in  question, 
according  to  the  best  of  his  judgment,  without  favour,  af- 
fection, or  hope  of  reward  :"  Provided  also,  That  no 
State  shall  be  deprived  of  territory  for  the  benefit  of  the 
United  States. 

All  controversies  concerning  the  private  right  of  soil, 
claimed  under  different  grants  of  two  or  more  States, 
whose  jurisdictions,  as  they  may  respect  such  lands  and 
the  States  which  passed  such  grants,  are  adjusted,  the 
said  grants  or  either  of  them  being  at  the  same  time 
claimed  to  have  originated  antecedent  to  such  settlement 
of  jurisdiction,  shall  on  the  petition  of  either  party  to  the 
Congress  of  the  United  Slates,  be  finally  determined,  as 
near  as  may  be,  in  the  same  manner  as  is  before  pre- 
scribed for  deciding  disputes  respecting  territorial  juris- 
diction between  different  States. 

The  United  States  in  Congress  assembled  shall  also 
have  the  sole  and  exclusive  right  aud  power  of  regulating 
the  alloy  and  value  o'f  com  struck  by  their  own  authori- 
ty, or  by  that  of  the  respective  States ;  fixing  the  stand- 
ard of  weights  and  measures  throughout  the  United 
States — regulating  the  trade  and  managing  all  affaire 
with  the  Indians  not  members  of  any  of  the  States  : — 
Provided,  that  the  legislative  right  of  any  State  within 
its  own  limits  be  not  infringed  or  violated— establishing 
and  regulating  post-offices  from  one  State  to  another 
throughout  the  United  States,  and  exacting  such  postage 
on  the  papers  passing  through  the  same  as  may  be  re- 


20  Articles  of  Confederation. 

quisite  to  defray  the  expenses  of  the  said  office — appoint- 
ing ail  officers  of  the  lurid  forces  in  the  service  of  the 
Unitea  States,  excepting  regimental  officers ;  appointing 
all  the  officers  of  the  naval  forces,  and  commissioning  all 
officers  whatever  in  the  service  bl  the  United  States — 
making  rules  for  the  government  and  regulation  of  the 
said  land  and  naval  forces,  and  directing  their  operations. 
The  United  States  in  Congress  assembled,  shall  have 
authority  to  appoint  a  committee,  to  sit  in  the  recess  of 
Congress,  to  be  denominated,  "  A  Committee  of  the 
Stx  :cs,"  and  to  consist  of  one  delegate  from  each  State ; 
and  to  appoint  such  other  committees  and  civil  officers, 
as  may  be  necessary,  for  managing  the  general  affairs 
of  the  United  States  under  their  direction — to  appoint 
one  of  their  number  to  preside,  provided  that  no  person 
be  allowed  to  serve  in  the  office  of  President,  more  than 
one  year  in  any  term  of  three  years  ;  to  ascertain  the  ne- 
cessary sums  ot  money  to  be  raised  for  the  service  of  the 
United  States,  and  to  appropriate  and  apply  the  same 
for  defraying  the  public  expenses — to  borrow  money,  or 
emit  buls  on  the  credit  of  the  United  States,  transmitting 
every  half  year  to  the  respective  States  an  account  of 
the  sums  of  money  so  borrowed  or  emitted — to  build  and 
equip  a  Navy — to  agree  upon  the  number  of  land  forces, 
and  to  make  requisitions  from  each  State  for  its  quota,  in 
proportion  to  the  number  of  white  inhabitants  in  such 
State;  which  requisitions  shall  be  binding  and  thereupon 
the  legislature  of  each  State  shall  appoint  the  regimen- 
tal officers,  raise  the  men;  and  clothe,  arm  and  equip 
them  in  a  soldier-like  manner,  at  the  expense  of  the  U- 
nitcd  States ;  and  rhe  officers  and  men,  so  clothed,  arm- 
ed and  equipped,  shall  march  to  the  place  appointed,  and 
within  the  time  agreed  on  by  thn  United  States  in  Con- 
gress assembled ;  but  if  the  United  States  in  Congress 
assembled,  shall,  on  consideration  of  circumstances, 
judge  proper  that  any  State  should  not  raise  men,  or 
should  raise  a  smaller  number  than  its  quota,  and  that 
any  other  Slate  should  raise  a  greater  number  of  men 
than  the  quota  thereof,  such  extra  number  shall  be  rais- 
ed, officered,  clothed,  armed  arid  equipped,  in  the 
same  manner  as  the  quota  of  ruch  State,  unless  the  le- 
gislature of  such  State  shall  judge,  that  such  extra  num- 


Articles  of  Confederation.  -!I 

IKT  cannot  be  safely  spared  out  of  tin*  same;  in  which 
case,  they  shall  raise,  officer,  clothe,  arm  and  equip,  as 
many  of  such  extra  number,  as  they  judge  can  be  safe- 
ly spared  ;  and  the  officers  and  men,  so  clothed,  armed 
and  equipped,  shall  march  to  the  place  appointed,  and 
within  the  time  agreed  on  by  the  United  States  in  Con- 
gress assembled. 

The  United  States  in  Congress  assembled,  shall  never 
engage  in  a  war,  nor  grant  letters  of  marque  and  reprisal, 
in  time  of  peace,  nor  enter  into  any  treaties  or  alliances, 
.  nor  coin  money,  nor  regulate  the  value  thereof,  nor  as- 
certain the  sums  and  expenses  necessary  for  the  defence 
and  welfare  of  theUnited  States,  or  any  of  them,  nor  emit 
bills,  nor  borrow  money  on  the  credit  of  the  United  States, 
nor  appropriate  money,  nor  agree  upon  the  number  of 
vessels  of  war  to  be  built  or  purchased,  or  the  number  of 
land  or  sea  forces  to  be  raised,  nor  appoint  a  Command- 
er in  Chief  of  the  Army  or  Navy,  unless  nine  States  as- 
sent to  the  same  ;  nor  shall  a  question  on  any  other  point, 
except  for  adjourning  from  day  to  day,  be  determined, 
unless  by  the  votes  of  a  majority  of  the  United  States  in 
Congress  assembled. 

The  Congress  of  .the  United  States  shall  have  power 
to  adjourn  to  any  time  within  the  ye,  r,  and  to  any  place 
within  the  United  States,  so  that  no  period  of  adjournment 
be  for  a  longer  duration  than  the  space  of  six  months, 
and  shall  publish  the  journal  of  their  proceedings  monthly, 
except  such  parts  thereof  relating  to  Treaties,  Alliances, 
or  Military  Operations,  as  in  their  judgment  require 
secrecy;  and  the  yeas  and  nays  of  the  delegates  of 
each  State,  on  any  question,  shall  be  entered  on  the  Jour- 
nal, when  it  is  desired, by  any  delegate ;  and  the  dele- 
gates of  a  State,  or  any  of  them,  at  his  or  their  request, 
shall  be  furnished  with  a  transcript  of  the  said  Journal, 
except  such  parts  as  are  above  excepted,  to  lay  before  the 
Legislatures  of  the  several  States. 

ART.  X.  The  Committee  of  the  States,  or  any  nine 
of  them,  shall  be  authorised  to  execute,  in  the  recess  of 
Congress,  such  of  the  powers  of  Congress  as  the  United 
States  in  Congress  assembled,  by  the  consent  of  nine 
States,  shall  from  time  to  time  think  expedient  to  vest 
them  with ;  provided  that  no  power  be  delegated  to  the 
C 


22  Articles  of  Confederation. 

said  Committee,  for  the  exercise  of  which,  by  the  Arti- 
cles of  Confederation,  the  voice  of  nine  States,  in  the 
Congress  of  the  United  States  assembled,  is  requisite. 

ART.  XI.  Canada  acceding  to  this  Confederation,  and 
joining  in  the  measures  of  the  United  States,  shall  be 
admitted  into,  and  entitled  to  all  the  advantages  of  this 
Union  ;  but  no  other  Colony  shall  be  admitted  into  the 
same,  unless  such  admission  be  agreed  to  by  nine  States. 

ART.  XII.  All  Bills  of  Credit  emitted,  Monies  borrow- 
ed and  Debts  contracted  by,  or  under  the  authority  of 
Congress,  before  the  assembling  of  the  United  States,  in 
pursuance  of  the  present  Confederation,  shall  be  deemed 
and  considered  as  a  charge  against  the  United  States ; 
for  payment  and  satisfaction  whereof,  the  said  United 
States,  and  the  public  faith,  are  hereby  solemly  pledged. 

ART.  XIII.  Every  State  shall  abide  by  the  determin- 
ation of  the  United  States  in  Congress  assembled,  on  all 
questions  which  by  this  Confederation  are  submitted  to 
them.  And  the  Articles  of  this  Confederation  shall  be 
inviolably  observed  by  every  State,  and  the  Union  shall 
be  perpetual ;  nor  shall  any  alteration  at  any  time  here- 
after be  made  in  any  of  them,  unless  such  alteration 
be  agreed  to  in  a  Congress  of  the  United  States,  and 
be  afterwards  confirmed  by  the  Legislatures  of  every 
State. 
These  Articles  shall  be  proposed  to  the  Legislatures  of  all 

the  United  States,  to  be  considered,  and  if  approved  by 

them,  they  are  advised  to  authorise  their  Delegates  to 

ratify  the  same  in  the  Congress  of  the   United  States  ; 

which  being  done  the  same  shall  become  conclusive. 
By  order  of  Congress, 

HENRY  LAURENS,  PRESIDENT. 


THE 

CONSTITUTION 

OF  THE 

UNXTSD  STATES  OF  AMERICA, 

WITH  THE 

AMENDMENTS  THERETO. 


CONSTITUTION". 

WE,  the  People  of  the  United  States,  in  order  to  form 
a  more  perfect  Union,  establish  justice,  insure  domestic 
tranquility,  provide  for  the  common  defence,  promote 
the  general  welfare,  and  secure  the  blessings  of  liberty 
to  ourselves  and  our  posterity,  DO  ORDAIN  AND  ESTAB- 
LISH this  CONSTITUTION  for  the  UNITED  STATES  or 
AMERICA. 

ARTICLE  I. 

SEC.  1.  ALL  Legislative  powers  herein  granted,  shall 
be  vested  in  a  Congress  of  the  United  States,  which  shall 
consist  of  a  senate  and  house  of  representatives. 

SEC.  2.  The  house  of  representatives  shall  be  com- 
posed of  members  chosen  every  second  year  by  the  peo- 
ple of  the  several  states;  and  the  electors  in  each  state 
shall  have  the  qualifications  requisite  for  electors  of  the 
most  numerous  branch  of  the  state  legislature. 

No  person  shall  be  a  representative  who  shall  not  have 
attained  to  the  age  of  twenty-five  years,  and  been  seven 
years  a  citizen  of  the  United  States,  and  who  shall  not, 
when  elected,  be  an  inhabitant  of  that  state  in  which  he 
shall  be  chosen. 

Representatives  and  direct  taxes  shall  be  apportioned 
among  the  several  states  which  may  be  included  within 
this  Union,  according  to  their  respective  numbers,  which 
shall  be  determined  by  adding  to  the  whole  number  of 
free  persons,  including  those  bound  to  service  for  a  term  of 
year?,  and  excluding  Indians  not  taxed,  three-fifths  of  all 
other  persons.  The  actual  enumeration  shall  be  made 
within  three  years  after  the  first  meeting  of  the  congress 
of  the  United  States,  and  within  every  subsequent  term 
often  years,  in  such  manner  as  they  shall  by  law  direct. 


:4 4  Constitution  of  tJic  United  States. 

The  number  of  representatives  shall  not  exceed  one  for 
every  thirty  thousand,  but  each  state  shall  have  at  least 
one  representative  ;  and  until  such  enumeration  shall  be 
made,  the  state  of  New-Hampshire  shall  be  entitled  to 
choose  three ;  Massachusetts,  eight ;  Rhode-Island  and 
Providence  Plantations,  one  ;  Connecticut,  five  ;  New- 
York,  six ;  New-Jersey,  four  ;  Pennsylvania,  eight ;  Dela- 
ware, one  ;  Maryland,  six  ;  Virginia,  ten  ;  North-Caro- 
lina, five;  South-Carolina,  five  ;  and  Georgia,  three. 

When  vacancies  happen  in  the  representation  from  any 
state,  the  executive  authority  thereof  shall  issue  writs  of 
election  to  fill  such  vacancies. 

The  house  of  representatives  shall  choose  their  speaker 
and  other  officers,  and  shall  have  the  sole  power  of  im- 
peachment. 

SEC.  3.  The  Senate  of  the  United  States  shall  be  com- 
posed of  two  senators  from  each  state,  chosen  by  the 
legislature  thereof,  for  six  years ;  and  each  senator  shall 
have  one  vote. 

Immediately  after  they  shall  be  assembled,  in  conse- 
quence of  the  first  election,  they  shall  be  divided  as  equal- 
ly as  may  be  into  three  classes.  The  seats  of  the  senators 
of  the  first  class  shall  be  vacated  at  the  expiration  of  the 
second  year,  of  the  second  class  at  the  expiration  of  the 
fourth  year,  and  of  the  third  class  at  the  expiration  of 
the  sixth  ye&r,  so  that  one  third  may  be  chosen  every 
second  year  ;  and  if  vacancies  happen  by  resignation,  or 
otherwise,  during  the  recess  of  the  legislature  of  any  state, 
the  executive  thereof  may  make  temporary  appoint- 
ments until  the  next  meeting  of  the  legislature,  which 
shall  then  fill  such  vacancies. 

No  person  shall  be  a  senator  who  shall  not  have  attain- 
ed to  the  age  of  thirty  years,  and  been  nine  years  a  citi- 
zen of  the  United  States,  and  who  shall  not,  when  elected, 
be  an  inhabitant  of  that  state  for  which  he  shall  be  chosen. 

The.  Vice-President  of  the  United  States  shall  be  pres- 
ident of  the  senate,  but  shall  have  no  vote,  unless  they 
be  equally  divided. 

The  senate  shall  choose  their  other  officers,  and  also 
a  president  pro  tempore,  in  the  absence  of  the  vice-presi- 
dent, or  when  he  shall  exercise  the  office  of  president  qf 
the  United  States. 


Constitution  of  the  United  States.  0  • 

The  Senate  shall  have  the  sole  power  to  try  all  im- 
peachments. When  sitting  for  that  purpose,  they  shall 
be  on  oath  or  affirmation.  When  the  president  of  the 
United  States  is  tried,  the  chief  justice  shall  preside  : 
and  no  person  shall  be  convicted  without  the  concurrence 
of  two  thirds  of  the  members  present. 

Judgment  in  cases  of  impeachment  shall  not  extend 
further  than  to  removal  from  office,  and  disqualification 
to  hold  and  enjoy  any  office  of  honor,  trust  or  profit, 
under  the  United  States  ;  but  the  party  convicted  shall, 
nevertheless,  be  liable  and  subject  to  indictment,  trial, 
judgment  and  punishment,  according  to  law. 

SEC.  4.  The  times,  places  and  manner  of  holding  elec- 
tions for  senators  and  representatives,  shall  be  prescribed 
in  each  state  by  the  legislature  thereof:  But  the  congress 
may  at  any  time  by  law  make  or  alter  such  regulations, 
except  as  to  the  places  of  choosing  senators. 

The  congress  shall  assemble  at  least  once  in  every  year, 
and  such  meeting  shall  be  on  the  first  Monday  in  Decem- 
ber, unless  they  shall  by  law  appoint  a  different  -day. 

SEC.  5.  Each  house  shall  be  the  judge  of  the  elections, 
returns  and  qualifications  of  its  own  members,  and  a  ma- 
jority of  each  shall  constitute  a  quorum,  to  do  business  ; 
but  a  smaller  number  may  adjourn  from  day  to  day,  and 
may  be  authorised  to  compel  the  attendance  of  absent 
members,  in  such  manner,  and  under  such  penalties,  as 
each  house  may  provide. 

Each  house  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behaviour,  and,  with 
the  concurrence  of  two-thirds,  expel  a  member. 

Each  house  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  excepting  such 
parts  as  may,  in  their  judgment,  require  secrecy  ;  and 
the  yeas  and  nays  of  the  members  of  either  house  on  any 
question,  shall  at  the  desire  of  one-fifth  of  those  present, 
be  entered  on  the  journal. 

Neither  house,  during  the  session  of  congress,  shall 
without  the  consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  place  than  that  in  which 
the  two  houses  shall  be  sitting. 

SEC.  6.  The  senators  and  representatives  shall  receive 
a  compensation  for  their  services,  to  be  ascertained  by 


26  Constitution  of  the  United  States. 

law  and  paid  out  of  the  treasury  of  the  United  States* 
They  shall  in  all  cases,  except  treason,  felony  and  breach 
of  the  peace,  be  privileged  from* arrest  during  their  at- 
tendance at  the  session  of  their  respective  houses,  and 
in  going  to  and  returning  from  the  same  ;  and  for  any 
speech  or  debate  in  either  house,  they  shall  not  be  ques- 
tioned in  any  other  place. 

No  senator  or  representative  shall,  during  the  time  for 
which  he  was  elected,  be  appointed  to  any  civil  office  un- 
der the  authority  of  the  United  States,  which  shall  have 
been  created,  or  the  emoluments  whereof  shall  have  been 
encreased  during  such  time,  and  no  person  holding  any  of- 
fice under  the  United  States,  shall  be  a  member  of  either 
house  during  his  continuance  in  office. 

SEC.  7.  All  bills  for  raising  revenue  shall  originate  in 
the  house  of  representatives ;  but  the  senate  may  propose 
or  concur  with  amendments  as  on  other  bills. 

Every  bill  which  shall  have  passed  the  house  of  repre- 
sentatives and  the  senate,  shall,  before  it  become  a  law, 
be  presented  to  the  President  of  the  United  States:  If  he 
approve  he  shall  sign  it ;  but  if  not  he  shall  return  it,  with 
his  objections,  to  that  house  in  which  it  shall  have  originat- 
ed, who  shall  enter  the  objections  at  large  on  their  journal, 
and  proceed  to  re-consider  it.  If,  after  such  reconsider- 
ation, two-thirds  of  that  house  shall  agree  to  pass  the  bill, 
it  shall  be  sent,  together  with  the  objections,  to  the  other 
house,  by  which  it  shall  likewise  be  re-considered,  and,  if 
approved  by  two-thirds  of  that  house,  it  shall  become  a 
law.  But  in  all  such  cases,  the  votes  of  both  houses  shall 
be  determined  by  yeas  and  nays;  and  the  names  of  the 
persons  voting  for  and  against  the  bill,  shall  be  entered 
on  the  journal  of  each  house  respectively.  If  any  bill  shall 
not  be  returned  by  the  President  within  ten  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  the 
same  shall  be  a  law,  in  like  manner  as  if  he  had  signed 
it,  unless  the  congress  by  their  adjournment,  prevent  its 
return,  in  which  case  it  shall  not  be  a  law. 

Every  order,  resolution  or  vote  to  which  the  concur- 
rence of  the  senate  and  house  of  representatives  may  be 
necessary  (except  on  a  question  of  adjournment)  shall  be 
presented  to  the  President  of  the  United  States  ;  and  be- 
fore the  same  shall  take  effect,  shall  be  approved  by  him, 


Constitution  of  the  United  States.  27 

or  IMMIIU  disproved  by  him,  shall  be  rcpassed  by  two- 
thirds  of  the  senate  and  house  of  represe.iitMl ivrs,  accord- 
ing to  the  rules  and  limitations  prescribed  in  the  case  of 
a  bill. 

SEC.  8.  The  congress  shall  have  power — 

To  lay  and  collect  taxes,  duties,  imposts  and  excises, 
to  pay  the  debts  and  provide  for  the  common  defence 
and  general  welfare  of  the  United  States :  but  all  duties, 
imposts  and  excises,  shall  be  uniform  throughout  the 
United  States : 

To  borrow  money  on  the  credit  of  the  United  States : 

To  regulate  commerce  with  foreign  nations,  and 
among  the  several  states,  and  with  the  Indian  tribes : 

To  establish  an  uniform  rule  of  naturalization,  and 
uniform  laws  on  the  subject  of  bankruptcies  throughout 
the  United  States : 

To  coin  money,  regulate  the  value  thereof,  and  of 
foreign  coin,  and  fix  the  standard  of  weights  and  meas- 
ures : 

To  provide  for  the  punishment  of  counterfeiting  the 
securities  and  current  coin  of  the  United  States  : 

To  establish  post-offices  and  post-roads  : 

To  promote  the  progress  of  science  and  useful  arts, 
by  securing,  for  limited  times,  to  authors  and  inventors, 
the  exclusive  right  to  their  respective  writings  and  dis- 
coveries : 

To  constitute  tribunals  inferior  to  the  supreme  court : 

To  define  and  punish  piracies  and  felonies  committed 
on  the  high  seas,  and  offences  against  the  law  of  nations. 

To  declare  war,  grant  letters  of  marque  and  reprisal, 
and  make  rules  concerning  captures  on  land  or  water : 

To  raise  and  support  armies  ;  but  no  appropriation  of 
money  to  that  use  shall  be  for  a  longer  term  than  two 
years  : 

To  provide  and  maintain  a  navy : 

To  make  rules  for  the  government  and  regulation  of 
the  land  and  naval  forces  : 

To  provide  for  calling  forth  the  militia  to  execute  the 
laws  of  the  Union,  suppress  insurrections  and  repel  in- 
vasions : 

To  provide  for  organizing,  arming  and  disciplining  th« 
militia,  and  for  governing  such  part  of  them  as  may  be 


28  Constitution  of  the  United  States. 

employed  in  the  service  of  the  United  States,  Teservin* 
to  the  states  respectively,  the  appointment  of  the  officers, 
and  the  authority  of  training  the  militia  according  to  the 
discipline  prescribed  by  congress  : 

To  exercise  exclusive  legislation  in  all  cases  whatso- 
ever, over  such  district  (not  exceeding  ten  miles  square) 
as  may,  by  cession  of  particular  states,  and  the  accept- 
ance of  congress,  become  the  seat  of  the  government  of 
the  United  States,  and  to  exercise  like  authority  over  all 
places  purchased  by  the  consent  of  the  legislature  of  the 
state  in  which  the  same  shall  be,  for  the  erection  of  forts, 
magazines,  arsenals,  dock-yards,  and  other  needful  build- 
ings ; — And 

To  make  all  laws  which  shall  be  necessary  and  pro- 
per for  carrying  into  execution  the  foregoing  powers,  and 
all  other  powers  vested  by  this  constitution  in  the  gov- 
ernment of  the  United  States,  or  in  any  department  or 
office  thereof. 

SEC.  9.  The  migration  or  importation  of  such  persons 
as  any  of  the  states  now  existing  shall  think  proper  to 
admit,  shall  not  be  prohibited  by  the  Congress  prior  to 
the  year  one  thousand  eight  hundred  and  eight ;  but  a  tax 
or  duty  may  be  imposed  on  such  importation,  not  exceed- 
ing ten  dollars  for  each  person. 

The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  when,  in  cases  of  rebellion  or  invasion, 
the  public  safety  may  require  it. 

No  bill  of  attainder  or  expost  facto  law  shall  be  passed. 

No  capitation  or  other  direct  tax  shall  be  laid,  unless 
in  proportion  to  the  census  or  enumeration  herein  be- 
fore directed  to  be  taken. 

No  tax  or  duty  shall  be  laid  on  articles  exported  from 
any  state.  No  preference  shall  be  given  by  any  regula- 
tion of  commerce  or  revenue  to  the  ports  of  one  state 
over  those  of  another :  Nor  shall  vessels,  bound  to  or 
from  one  state,  be  obliged  to  enter,  clear,  or  pay  duties 
in  another. 

No  money  shall  be  drawn  from  the  treasury,  but  in 
consequence  of  appropriations  made  by  law  ;  and  a  reg- 
ular statement  and  account  of  the  receipts  and  expendi- 
tures of  all  public  money  shall  be  published  from  time  to 
time. 


Constitution  of  the  United  States.  29 

No  title  of  nobility  shall  be  granted  by  the  United 
Stales:  and  no  person  holding  any  office  of  profit  or 
trust  under  them,  shall,  without  the  consent  of  the  con- 
gress, accept  of  any  present,  emolument,  office,  or  title 
»»f  any  kind  whatever,  from  any  king,  prince  or  foreign 
state. 

SEC.  10.  No  state  shall  enter  into  any  treaty,  alliance 
or  confederation  ;  grant  letters  of  marque  and  reprisal ; 
coin  money ;  emit  bills  of  credit ;  make  any  thing  but 
gold  and  silver  coin  a  tender  in  payment  of  debts ;  pass 
any  bill  of  attainder,  expost  facto\aw,or  law  impairing 
the  obligation  of  contracts,  or  grant  any  title  of  nobility. 

No  state  shall,  without  the  consent  of  the  congress,  lay 
any  imposts  or  duties  on  imports  or  exports,  except 
what  may  be  absolutely  necessary  for  executing  its  in- 
spection laws ;  and  the  net  produce  of  all  duties  and 
imposts,  laid  by  any  state  on  imports  or  exports,  shall  be 
for  the  use  of  the  treasury  of  the  United  States;  and  all 
such  laws  shall  be  subject  to  the  revision  and  controul  of 
the  congress.  No  state  shall,  without  the  consent  of 
congress,  lay  any  duty  of  tonnage,  keep  troops,  or  ships 
of  war  in  time  of  peace,  enter  into  any  agreement  or 
compact  with  another  state,  or  with  a  foreign  power,  or 
engage  in  a  war,  unless  actually  invaded,  or  in  such  im- 
minent danger  as  will  not  admit  of  delay. 

ARTICLE  II. 

SEC.  1.  The  executive  power  shall  be  vested  in  a  pre- 
sident of  the  United  States  of  America.  He  shall  hold 
his  office  during  the  term  of  four  years,  and  together  with 
the  vice-president,  chosen  for  the  same  term,  be  elected 
as  follows : 

Each  state  shall  appoint,  in  such  manner  as  the  legis- 
lature thereof  may  direct,  a  number  of  electors,  equal  to 
the  whole"  number  of  senators  and  representatives  to 
which  the  state  may  be  entitled  in  the  congress ;  but 
no  senator  or  representative  or  person  holding  an  office 
of  trust  or  profit  under  the  United  States,  shall  be  ap- 
pointed an  elector. 

The  electors  shall  meet  in  their  respective  states,  and 
vote  by  ballot  for  two  persons,  of  whom  one  at  least 


30  Constitution  of  the  United  States. 

shall  not  be  an  inhabitant  of  the  same  state  with  them- 
selves. And  they  shall  make  a  list  of  all  the  persons  voted 
for,  and  of  the  number  of  voies  for  each ;  which  list  they 
shall  sign  and  certify,  and  transmit  sealed  to  the  seat  of 
the  government  of  the  United  States,  directed  to  the  pre- 
sident of  the  senate.  The  president  of  the  senate  shall, 
in  the  presence  of  the  senate  and  house  of  representa- 
tives, open  all  the  certificates,  and  the  votes  shall  then  be 
counted.  The  person  having  the  greatest  number  of  votes 
shall  be  the  president,  if  such  number  be  a  majority  of 
the  whole  number  of  electors  appointed;  and  if  there  be 
more  than  one  who  have  such  majority,  and  have  an  equal 
number  of  votes,  then  the  house  of  representatives  shall 
immediately  choose  by  ballot  one  of  them  for  president ; 
and  if  no  person  have  a  majority,  then  from  the  five  high- 
est on  the  list,  the  said  house  shall,  in  like  manner,  choose 
the  president.  But  in  choosing  the  president,  the  votes 
shall  be  taken  by  states,  the  representation  from  each 
state  having  one  vote  :  a  quorum  for  this  purpose  shall 
consist  of  a  member  or  members,  from  two  thirds  of  the 
states,  and  a  majority  of  all  the  states  shall  be  necessary  to 
a  choice.  In  every  case,  after  the  choice  of  the  president, 
the  person  having  the  greatest  number  of  votes  of  the 
electors,  shall  be  the  vice-president.  But  if  there  should 
remain  two  or  more  who  have  equal  votes,  the  senate 
shall  choose  from  them  by  ballot,  the  vice-president. 

The  congress  may  determine  the  time  of  choosing  the 
electors,  and  the  day  on  which  they  shall  give  their  votes ; 
which  day  shall  be  the  same  throughout  the  United  States. 

No  person  except  a  natural  born  citizen,  or  a  citizen 
of  the  United  States,  at  the  time  of  the  adoption  of  this 
constitution,  shall  be  eligible  to  the  office  of  president ; 
neither  shall  any  person  be  eligible  to  that  office,  who 
shall  not  have  attained  to  the  age  of  thirty-five  years,  and 
been  fourteen  years  a  resident  within  the  United  States. 

In  case  of  the  removal  of  the  President  from  office,  or 
of  his  death,  resignation,  or  inability  to  discharge  the 
powers  and  duties  of  the  said  office,  the  same  shall  de- 
volve on  the  Vice-President,  and  the  Congress  may,  by 
law,  provide  for  the  case  of  removal,  death,  resignation, 
or  inability,  both  of  the  President  and  Vice-President, 
declaring  what  officer  shall  then  act  as  President,  and 


Constitution  of  the  United  States.  31 

such  officer  shall  act  accordingly,  until  the  disability  be 
removed,  or  a  President  shall  be  elected. 

The  President  shall,  at  stated  times,  receive  for  his 
services  a  compensation,  which  shall  neither  be  increased 
nor  diminished  during  the  period  lor  which  he  shall  have 
been  elected ;  and  he  shall  not  receive  within  that  period 
any  other  emolument  from  the  United  States,  or  any  of 
them. 

Before  he  enters  on  the  execution  of  his  office,  he  shall 
take  the  following  oath  or  affirmation : 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 
execute  the  office  of  President  of  the  United  States,  and 
will,  to  the  best  of  my  ability,  preserve,  protect,  and  de- 
fend the  constitution  of  the  United  States." 

SEC.  2.  The  President  shall  be  commander  in  chief  of 
the  army  and  navy  of  the  United  States,  and  of  the  militia 
of  the  several  states,  when  called  into  the  actual  service 
of  the  United  States  :  he  may  require  the  opinion,  in 
writing,  of  the  principal  officers  in  each  of  the  executive 
departments,  upon  any  subject  relating  to  the  duties  of 
the  respective  offices;  and  he  shall  have  power  to  grant 
reprieves  and  pardons  for  offences  against  the  United 
States,  except  in  cases  of  impeachment. 

He  shall  have  power,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  to  make  treaties,  provided  two  thirds 
of  the  Senators  present,  concur :  and  he  shall  nominate, 
and  by  and  with  the  advice  and  consent  of  the  Senate, 
shall  appoint  ambassadors,  other  public  ministers,  and 
consuls,  judges  of  the  supreme  court,  and  all  other  offi- 
cers of  the  United  States,  whose  appointments  are  not 
herein  otherwise  provided  for,  and  which  shall  be  estab- 
lished by  law.  But  the  Congress  may,  by  law,  vest  the 
appointment  of  such  inferior  officers  as  they  think  pro- 
per, in  the  President  alone,  in  the  courts  of  law,  or  in 
the  heads  of  departments. 

The  President  shall  have  power  to  fill  up  all  vacan- 
cies that  may  happen  during  the  recess  of  the  Senate, 
by  granting  commissions  which  shall  expire  at  the  end  of 
their  next  session. 

SEC.  3.  He  shall,  from  time  to  time,  give  to  the  Con- 
gr-:ss  information  of  the  state  of  the  union,  and  recom- 
mend to  their  consideration,  such  measures  as  he 


32  Constitution  of  the  United  States. 

shall  judge  necessary  and  expedient ;  he  may,  on  extra- 
ordinary occasions,  convene  both  houses  or  either  of 
them,  and  in  case  of  disagreement  between  them  with 
respect  to  the  time  of  adjournment,  he  may  adjourn 
them  to  such  time  as  he  shall  think  proper  ;  he  shall 
receive  ambassadors  and  other  public  ministers ;  he  shall 
take  care  that  the  laws  be  faithfully  executed;  and  shall 
commission  all  the  officers  of  the  United  States. 

SEC.  4.  .The  President,  Vice-President,  and  all  civil 
officers  of  the  United  States,  shall  be  removed  from  office 
on  impeachment  for,  and  conviction  of,  treason,  bribery, 
or  other  high  crimes  and  misdemeanors. 

ARTICLE  III. 

SEC.  1.  The  judicial  power  of  the  United  States  shall 
be  vested  in  one  supreme  court,  and  in  such  inferior  courts 
as  the  Congress  may,  from  time  to  time,  ordain  and  es- 
tablish. The  judges,  both  of  the  supreme  and  inferior 
courts,  shall  hold  their  offices  during  good  behaviour,  and 
shall,  at  stated  times,  receive  for  their  services,  a  com- 
pensation which  shall  not  be  diminished  during  their 
continuance  in  office. 

SEC.  2.  The  judicial  power  shall  extend  to  all  cases 
in  law  and  equity,  arising  under  this  constitution,  the 
laws  of  the  United  States  and  the  treaties  made,  or  which 
shall  be  made  under  their  authority ;  to  all  cases  affect- 
ing ambassadors,  other  public  ministers  and  consuls ;  to 
all  cases  of  admiralty  and  maritime  jurisdiction ;  to  con- 
troversies to  which  the  United  States  shall  be  a  party ; 
to  controversies  between  two  or  more  states,  between  a 
state  and  citizens  of  another  state,  between  citizens  of 
different  states,  between  citizens  of  the  same  state  claim- 
ing lauds  under  grants  of  different  states,  and  between 
a  state  or  the  citizens  thereof,  and  foreign  states,  citi- 
zens or  subjects. 

In  all  cases  affecting  ambassadors,  other  public  min- 
isters and  consuls,  and  those  in  which  a  state  shall  be 
party,  the  supreme  court  shall  have  original  jurisdiction. 
In  all  the  other  cases  before  mentioned,  the  supreme 
court  shall  have  appellate  jurisdiction,  both  as  to  law  and 
fact,  with  such  exceptions,  and  under  such  regulations  as 
the  Congress  shall  make. 


Constitution  of  the  United  States.  35 

The  trial  of  all  crimes,  except  in  cases  of  impeach- 
ment, shall  be  by  jury;  and  such  trial  shall  be  held  in 
the  state  where  the  said  crime  shall  have  been  committed  ; 
but  when  not  committed  within  any  state,  the  trial  shall 
be  at  such  place  or  places  as  the  Congress  may  by  law 
have  directed. 

SEC.  3.  Treason  against  the  United  States,  shall  con- 
sist only  in  levying  war  against  them,  or  in  adhering  to 
their  enemies,  giving  them  aid  and  comfort.  No  person 
shall  be  convicted  of  treason,  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  on  the  confession 
in  open  court. 

The  Congress  shall  have  power  to  declare  the  punish- 
ment of  treason,  but  no  attainder  of  treason  shall  work 
corruption  of  blood,  or  forfeiture,  except  during  the  life 
of  the  person  attainted. 

ARTICLE  IV. 

% 

SEC.  1.  Full  faith  and  credit  shall  be  given  in  each  • 
state,  to  the  public  acts,  records,  and  judicial  proceed- 
ings of  every  other  state.  And  the  Congress  may,  by 
general  laws,  prescribe  the  manner  in  which  such  acts, 
records,  and  proceedings,  shall  be  proved,  and  the  effect 
thereof. 

SEC.  2.  The  citizens  of  each  state  shall  be  entitled  to 
all  privileges  and  immunities  of  citizens  in  the  several 
states. 

A  person  charged  in  any  state  with  treason,  felony,  or 
other  crime,  who  shall  flee  from  justice,  and  be  found 
in  another  state,  shall,  on  demand  ,pf  the  executive  au- 
thority of  the  state  from  which  he  fled,  be  delivered  up  to 
be  removed  to  the  state  having  jurisdiction  of  the  crime. 

No  person  held  to  service  or  labor  in  one  state,  under 
the  laws  thereof,  escaping  into  another,  shall,  in  conse- 
quence of  any  law  or  regulation  therein,  be  discharged 
from  such  service  or  labor,  but  shall  be  delivered  up  on 
claim  of  the  party  to  whom  such  service  or  labor  may 
be  due. 

SEC.  3.  New  states  may  be  admitted  by  the  Congress 
into  this  union ;  but  no  new    state  shall  be   formed  or 
erected  within  the  jurisdiction  of  any  other  state ;  nor 
D 


34  Constitution  of  the  United  States. 

any  state  be  formed  by  the  junction  of  two  or  more 
states,  or  parts  of  states,  without  the  consent  of  the  le- 
gislature of  the  states  concerned  as  well  as  of  the  Con- 
gress. 

The  Congress  shall  have  power  to  dispose  of  and  make 
all  needful  rules  and  regulations,  respecting  the  territo- 
ry or  other  property  belonging  to  the  United  States  ;  and 
nothing  in  this  constitution  shall  be  so  construed  as  to 
prejudice  any  claims  of  the  United  States,  or  of  any 
particular  state. 

SEC.  4.  The  United  States  shall  guarantee  to  every 
state  in  this  union,  a  republican  form  of  government,  and 
shall  protect  each  of  them  against  invasion ;  and  on  ap- 
plication of  the  legislature,  or  of  the  executive  (when 
the  legislature  cannot  be  convened)  against  donlestic 
violence. 

ARTICLE  V. 

The  Congress,  whenever  two  thirds  of  both  houses 
shall  deem  it  necessary,  shall  propose  amendments  to 
this  constitution,  or,  on  the  application  of  the  legisla- 
tures of  two  thirds  of  the  several  states,  shall  call  a  con- 
vention for  proposing  amendments,  which,  in  either 
case,  shall  be  valid  to  all  intents  and  purposes,  as  part 
of  this  constitution,  when  ratified  by  the  legislatures  of 
three  fourths  of  the  several  states,  or  by  conventions  in 
three  fourths  thereof,  as  the  one  or  the  other  mode  of 
ratification  may  be  proposed  by  the  Congress  ;  provided, 
that  no  amendment  which  may  be  made  prior  to  the 
year  one  thousand  £ig'lit  hundred  and  eight,  shall  in  any 
manner  affect  the  first  and  fourth  clauses  in  the  ninth 
section  of  the  first  article  ;  and  that  no  state,  without  its 
consent,  shall  be  deprived  of  its  equal  suffrage  in  the 
Senate. 

ARTICLE  VI. 

All  debts  contracted  and  engagements  entered  into, 
before  the  adoption  of  this  constitution,  shall  be  as  valid 
against  the  United  States  under  this  constitution,  as 
under  the  confederation. 

This  constitution,  and  the  laws  of  the  United  States 
which  shall  be  m^de  in  pursuance  thereof;  and  ah  trea- 


Constitution  of  the  United  States.  35 

ties  made,  or  which  shall  be  made  under  the  authority  of 
the  United  States,  shall  be  the  supreme  law  of  the  land  ; 
and  the  judges  in  every  state  shall  be  bound  thereby ; — 
any  thing  in  the  constitution  or  laws  of  any  state  to  the 
contrary  notwithstanding. 

The  Senators  and  Representatives  before  mentioned, 
and  the  members  of  the  several  state  legislatures,  and  all 
executive  and  judicial  officers,  both  of  the  United  States 
and  of  the  several  States,  shall  be  bound  by  oath  or  af- 
firmation, to  support  this  constitution  v  but  no  religious 
test  shall  ever  be  required  as  a  qualification  to  any  office 
or  public  trust  under  the  United  States. 

ARTICLE  VII. 

The  ratification  of  the  conventions  of  nine  state  s,  shall 
be  sufficient  for  the  establishment  of  this  constitution 
between  the  states  so  ratifying  the  same. 

Done  in  convention  by  the  unanimous  consent  of  the 
states  present,  the  seventeenth  day  of  September,  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and  eighty- 
seven,  and  of  the  independence  of  the  United  States  of 
America,  the  twelfth.  In  witness  whereof  we  have  here- 
unto subscribed  our  names. 

GEORGE  WASHINGTON,  President, 
and  Deputy  from  Virginia. 

NEW-HAMPSHIRE.  DELAWARE. 

John  Langdon,  George  Reed, 

Nicholas  Gilman.  Gunning  Bedford,  jun, 

MASSACHUSETTS.  John  Dickinson, 

Nathaniel  Gorham,  Richard  Bassett, 

Rufus  King.  Jacob  Broom. 

CONNECTICUT.  MARYLAND. 

William  Samuel  Johnson,     James  M'Henry, 

Roger  Sherman.  Daniel  of  St.  Tho.  Jenifer, 

NEW- YORK.  Daniel  Carroll. 
Alexander  Hamilton.  VIRGINIA. 

NEW- JERSEY.  John  Blair, 

William  Livingston,  James  Madison  jun. 
David  Bresrley,  NORTH-CAROLINA. 

William  Patterson,  William  Bloimt, 

Jonathan  Dayton.  Richard  Dobbs  Spaight, 

Hugh  Williamson. 


30  Constitution  of  the  United  State*. 

PENNSYLVANIA.  SOUTH-CAROLINA. 

Benjamin  Franklin,  John  Rutledge, 

Thomas  Mifflin,  Charles  C.  Pinckney, 

Robert  Morris,  Charles  Pinckney, 

George  Clymer,  Pierce  Battler. 
Thomas  Fitzsimons,  GEORGIA. 

Jared  Ingersoll,  William  Few, 

James  Wilson,  Abraham  Baldwin. 
Gouverneur  Morris, 
Attest,               WILLIAM  JACKSON,  Secretary. 


IN  CONVENTION, 

Monday,  September  I7tkt  1778. 
PRESENT, 

The  States  of  NEW-HAMPSHIRE,  MASSACHUSETTS,  CON- 
NECTICUT, Mr.  HAMILTON  from  NEW-YORK,  NEW-JER- 
SEY, PENNSYLVANIA,  DELAWARE,  MARYLAND,  VIRGINIA, 
NORTH-CAROLINA,  SOUTH-CAROLINA,  and  GEORGIA  : 
RESOLVED, 

THAT  the  preceding  constitution  be  laid  before  the 
United  States  in  Congress  assembled,  and  that  it  is  the 
opinion  of  this  convention,  that  it  should  afterwards  be 
submitted  to  a  convention  of  delegates  chosen  in  each 
state  by  the  people  thereof,  under  the  recommendation 
of  its  legislature,  for  their  assent  and  ratification ;  and 
that  each  convention  assenting  to  and  ratifying  the  same, 
should  give  notice  thereof  to  the  United  States  in  Con- 
gress assembled. 

Resolved,  That  it  is  the  opinion  of  this  convention,  that 
as  soon  as  the  conventions  of  nine  states  shall  have  rati- 
fied this  constitution,  the  United  States  in  Congress  as- 
sembled, should  fix  a  day  on  which  electors  should  be 
appointed  by  the  states  which  shall  have  ratified  the 
same,  and  a  day  on  which  the  electors  should  assemble 
to  vote  for  the  President,  and  the  time  and  place  for  com- 
mencing proceedings  under  this  constitution.  That  af- 
ter such  publication,  the  electors  should  be  appointed, 
and  the  Senators  and  Representatives  elected.  That 
the  electors  should  meet  on  the  day  fixed  for  the  election 


Constitution  of  the  United  States.  37 

of  the  President,  and  should  transmit  their  votes,  certi- 
fied, signed,  sealed,  and  directed,  as  the  constitution 
requires,  to  the  Secretary  of  the  United  States,  in  Con- 
gress assembled;  that  the  Senators  and  Representatives 
should  convene  at  the  time  and  place  assigned  ;  that  the 
Senators  should  appoint  a  President  of  the  Senate,  for 
the  sole  purpose  of  receiving,  opening,  and  counting  th« 
votes  for  President ;  and,  that  after  he  shall  be  chosen, 
the  Congress,  together  with  the  President,  should,  with- 
out delay,  proceed  to  execute  this  constitution. 

By  the  unanimous  order  of  the  convention, 

GEORGE  WASHINGTON,  President. 

WILLIAM  JACKSON,  Secretary. 


IN  CONVENTION, 

September  IJtli,  1787. 

SIR, 

WE  have  now  the  honour  to  submit  to  the  considera- 
tion of  the  United  States  in  Congress  assembled,  that 
constitution  which  has  appeared  to  us  the  most  advisable. 

The  friends  of  our  country  have  long  seen  and  desired, 
that  the  power  of  making  war,  peace,  and  treaties  ;  that 
of  levying  money,  and  regulating  commerce,  and  the 
correspondent  executive  and  judicial  authorities,  should 
be  fully  and  effectually  vested  in  the  general  government 
of  the  union ;  but  the  impropriety  of  delegating  such 
extensive  trust  to  one  body  of  men,  is  evident ;  hence 
results  the  necessity  of  a  different  organization. 

It  is  obviously  impracticable  in  the  federal  government 
of  these  states,  to  secure  all  rights  of  independent  sov- 
ereignty to  each,  and  yet  provide  for  the  interest  and 
safety  of  all.  Individuals  entering  into  society,  must 
give  up  a  share  of  liberty  to  preserve  the  rest.  The 
magnitude  of  the  sacrifice  must  depend  as  well  on  situ- 
ation and  circumstance,  as  on  the  object  to  be  obtained. 
It  is  at  all  times  difficult  to  draw  with  precision  the  line 
between  those  rights  which  must  be  surrendered,  and 
those  which  may  be  reserved ;  and  on  the  present  occa- 
sion, this  difficulty  was  increased  by  a  difference  among 


38  Constitution  of  the  United  States. 

the  several  states  as  to  their  situation,  extent,  habits,  and 
particular  interests. 

In  all  our  deliberations  on  this  subject,  we  kept  stead- 
ily in  our  view  that  which  appears  to  us  the  greatest  in- 
terest of  every  true  American,  the  consolidation  of  our 
union,  in  which  is  involved  our  prosperity,  felicity,  safety, 
perhaps  our  national  existence.  This  important  con- 
sideration, seriously  and  deeply  impressed  on  our  minds, 
led  each  state  in  the  convention  to  be  less  rigid  on  points 
of  inferior  magnitude,  than  might  have  been  otherwise 
expected ;  and  thus  the  constitution,  which  we  now  pre- 
sent is  the  result  of  a  spirit  of  amity,  and  of  that  mutual 
deference  and  concession,  which  the  peculiarity  of  our 
political  situation  rendered  indispensible. 

That  it  will  meet  the  full  and  entire  approbation  of 
every  state,  is  not,  perhaps,  to  be  expected ;  but  each 
will  doubtless  consider,  that  had  her  interest  alone  been 
consulted,  the  consequences  might  have  been  particu- 
larly disagreeable  or  injurious  to  others ;  that  it  is  lia- 
able  to  as  few  exceptions  as  could  reasonably  have  been 
expected,  we  hope  and  believe  ;  that  it  may  promote  the 
lasting  welfare  of  that  country  so  dear  to  us  all,  and  se- 
cure her  freedom  and  happiness,  is  our  most  ardent  wish. 
With  great  respect,  we  have  the  honor  to  be,  sir,  your 
excellency's  most  obedient  and  humble  servants. 

GEORGE  WASHINGTON,  President. 

By  unanimous  order  of  the  convention. 
His  Excellency  the  President  of  Congress. 


THE  UNITED  STATES,  IN  CONGRESS  ASSEMBLED, 

Friday,  Sept.  28th,  1787. 

Present — New-Hampshire,  Massachusetts,  Connecticut,  New- York, 
New-Jersey,  Pennsylvania,  Delaware,  Virginia,  North-Carolina, 
South-Carolina  and  Georgia  ;  and  from  Maryland,  Mr.  Ross. 
Congress  having  received  the  report  of  the  convention  lately  as- 
sembled in  Philadelphia; 

Resolved  unanimously,  THAT  the  said  report,  with  the 
resolutions  and  letter  accompanying  the  same,  be  trans- 
mitted to  the  several  legislatures,  in  order  to  submit  to 
a  convention  of  delegates,  chosen  in  each  state  by  the 
people  thereof,  in  conformity  to  the  resolves  of  the  con- 
vention, made  and  provided  in  that  case. 

CHARLES  THOMPSON,  Secretary. 


AMENDMENTS. 


ARTICLE  I. 

CONGRESS  shall  make  no  law  respecting  an  establish- 
ment of  religion,  or  prohibiting  the  free  exercise  thereof; 
or  abridging  the  freedom  of  speech,  or  of  the  press ;  or 
the  right  of  the  people  peaceably  to  assemble,  and  to  pe- 
tition the  government  for  a  redress  of  grievances. 

ARTICLE  II. 

A  well  regulated  militia  being  necessary  to  the  secu- 
rity of  a  free  state,  the  right  of  the  people  to  keep  and 
bear  arms  shall  not  be  infringed. 

ARTICLE  III. 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner ;  nor  in  time  of 
war  but  in  a  manner  to  be  prescribed  by  law. 

ARTICLE  IV. 

The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers  and  effects,  against  unreasonable  searches 
and  seizures,  shall  not  be  violated ;  and  no  warrants  shall 
issue,  but  upon  probable  cause,  supported  by  oath  or  af- 
firmation, and  particularly  describing  the  place  to  be 
searched,  and  the  persons  or  things  to  be  seized. 

ARTICLE  V. 

No  person  shall  be  held  to  answer  for  a  capital,  or 
otherwise  infamous  crime,  unless  on  a  presentment  or 
indictment  of  a  grand  jury,  except  in  cases  arising  in  the 
land  or  naval  forces,  or  in  the  militia,  when  in  actual 
service,  in  time  of  war  or  public  danger ;  nor  shall  any 
person  be  subject  for  the  same  offence  to  be  twice  put  in 
jeopardy  of  life  or  limb ;  nor  shall  be  compelled,  in  any 


40  Constitution  of  the  United  States. 

criminal  case,  to  be  witness  against  himself,  nor  be  de- 
prived of  life,  liberty,  or  property,  without  due  process 
of  law ;  nor  shall  private  property  be  taken  for  public 
use  without  just  compensation. 

ARTICLE  VI. 

In  all  criminal  prosecutions,  the  accused  shall  enjoy 
the  right  to  a  speedy  and  public  trial,  by  an  impartial 
jury  of  the  state  and  district  wherein  the  crime  shall 
have  been  committed,  which  district  shall  have  been 
previously  ascertained  by  law,  and  to  be  informed  of  the 
nature  and  cause  of  the  accusation ;  to  be  confronted 
with  the  witnesses  against  him  ;  to  have  compulsory  pro- 
cess for  obtaining  witnesses  in  his  favor  ;  and  to  have  the 
assistance  of  counsel  for  his  defence. 

ARTICLE  VII. 

In  suits  of  common  law,  where  the  value  in  controver- 
sy shall  exceed  twenty  dollars,  the  right  of  trial  by  jury 
shall  be  preserved ;  and  no  fact,  tried  by  a  jury,  shall  be 
otherwise  re-examined  in  any  court  of  the  United  States, 
than  according  to  the  rules  of  the  common  law. 

ARTICLE  VIII. 

Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishments  in- 
flicted. 

ARTICLE  IX. 

The  enumeration  in  the  constitution,  of  certain  rights, 
shall  not  be  construed  to  deny  or  disparage  others  re- 
tained by  the  people. 

ARTICLE  X. 

The  powers  not  delegated  to  the  United  States  by  the 
constitution,  nor  prohibited  by  it  to  the  states,  are  re- 
served to  the  states  respectively,  or  to  the  people. 


Constitution  of  tin  butted  States.^  /  y         41  v    t 
ARTICLE  XL  "/7V| 

The  judicial  power  of  the  United  Stated  shall'n4t^pj»  r  > 
construed  to  extend  to  any  suit  in  law  or  equity,  com-*  V  / 
menced  or  prosecuted  against  one  of  the  United  States 
by  citizens  of  another  state,  or  by  citizens  or  subjects  of 
any  foreign  state. 

ARTICLE  XII. 

The  electors  shall  meet  in  their  respective  states,  and 
vote  by  ballot,  for  President  and  Vice-President,  one  of 
whom  at  least,  shall  not  be  an  inhabitant  of  the  same 
state  with  themselves ;  they  shall  name  in  their  ballots 
the  person  voted  for  as  President,  and  in  distinct  ballots 
the  person  voted  for  as  Vice-President ;  and  they  shall 
make  distinct  lists  of  all  persons  voted  for  as  President, 
and  of  all  persons  voted  for  as  Vice-President,  and  of  the 
number  of  votes  for  each,  which  lists  they  shall  sign  and 
certify,  and  transmit  sealed  to  the  seat  of  the  government 
of  the  United  States,  directed  to  the  President  of  the 
Senate :  the  President  of  the  Senate  shall,  in  the  pres- 
ence of  the  Senate  and  House  of  Representatives,  open 
all  the  certificates,  and  the  votes  shall  then  be  counted  ; 
the  person  having  the  greatest  number  of  votes  for  Pres- 
ident, shall  be  the  President,  if  such  number  be  a  major- 
ity of  the  whole  number  of  electors  appointed  ;  and  if  no 
person  have  such  majority,  then  from  the  persons  having 
the  highest  numbers  not  exceeding  three  on  the  list  of 
those  voted  for  as  President,  the  House  of  Representa- 
tives shall  choose  immediately,  by  ballot,  the  President. 
But  in  choosing  the  President,  the  votes  shall  be  taken 
by  states,  the  representation  from  each  state  having  one 
vote  ;  a  quorum  for  this  purpose  shall  consist  of  a  mem- 
ber or  members  from  two  thirds  of  the  states,  and  a  ma- 
jority of  all  the  states  shall  be  necessary  to  a  choice. 
And  if  the  House  of  Representatives  shall  not  choose  a 
President  whenever  the  right  of  choice  shall  devolve  upon 
them,  before  the  fourth  day  of  March  next  following, 
then  the  Vice-President  shall  act  as  President,  as  in  the 
case  of  the  death  or  other  constitutional  disability  of  the 
President. 


42  Constitution  of  tlie  United  States. 

The  person  having  the  greatest  number  of  votes  as 
Vice-President,  shall  be  the  Vice-President,  if  such  num- 
ber be  a  majority  of  the  whole  number  of  electors  ap- 
pointed :  and  if  no  person  have  a  majority,  then  from 
the  two  highest  numbers  on  the  list,  the  Senate  shall 
choose  the  Vice-President ;  a  quorum  for  the  purpose 
shall  consist  of  two  thirds  of  the  whole  number  of  Sena- 
tors, and  a  majority  of  the  whole  number  shall  be  neces- 
sary to  a  choice. 

But  no  person  constitutionally  ineligible  to  the  office 
of  President  shall  be  eligible  to  that  of  Vice-President. 


OF  THE 

STATE  OF  NEW-YORK. 

ADOPTED  NOVEMBER  10,  1821, 

In  Convention  of  Delegates  assembled  at  the  Capitol,  in 
the  city  of  Albany,  for  revising  and  amending  the  Con- 
stitution of  the  State  of  New-  York : — and  afterwards 
adopted  by  the  people  of  this  State,  agreeably  to  the, 
provisions  of  the  act  calling  the  Convention. 


WE,  the  People  of  the  State  of  New- York,  acknowledg- 
ing with  gratitude  the  grace  and  beneficence  of  God, 
in  permitting  us  to  make  choice  of  our  form  of  govern- 
ment, do  establish  the  following  Constitution : 

ARTICLE  FIRST.— Legislature. 

SECTION  1.  The  legislative  power  of  this  state  shall 
be  vested  in  a  senate  and  assembly. 

SEC.  2.  The  senate  shall  consist  of  thirty-two  mem- 
bers. The  senators  shall  be  chosen  for  four  years,  and 
shall  be  freeholders.  The  assembly  shall  consist  of  one 
hundred  and  twenty-eight  members,  who  shall  be  annu- 
ally elected. 

SEC.  3.  A  majority  of  each  house  shall  constitute  a 
quorum  to  do  business.  Each  house  shall  determine  the 
rules  of  its  own  proceedings,  and  be  the  judge  of  the 
qualifications  *>f  its  own  members.  Each  house  shall 
choose  its  own  officers  ;  and  the  senate  shall  choose  a 
temporary  president,  when  the  lieutenant-governor  shall 
not  attend  as  president,  or  shall  act  as  governor. 

SEC.  4.  Each  house  shall  keep  a  journal  of  its  pro- 
ceedings, and  publish  the  same,  except  such  parts  as  may 
require  secrecy.  The  doors  of  each  house  shall  be  kept 
open,  except  when  the  public  welfare  shail  require  se- 
crecy. Neither  house  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  two  days. 


44  Legislature. 

SEC.  5.  The  state  shall  be  divided  into  eight  districts, 
to  be  called  senate  diitricts,  each  of  which  shall  choose 
four  senators. 

The  first  district  shall  consist  of  the  counties  of  Suffolk, 
Queens,  Kings,  Richmond,  and  New-York. 

The  second  district  shall  consist  of  the  counties  of 
Westchester,  Putnam,  Dutchess,  Rockland,  Orange,  Ul- 
ster and  Sullivan. 

The  third  district  shall  consist  of  the  counties  of 
Greene,  Columbia,  Albany,  Rensselaer,  Schoharie,  and 
Schenectady. 

The  fourth  district  shall  consist  of  the  counties  of  Sar- 
atoga, Montgomery,  Hamilton,  Washington,  Warren, 
Clinton,  Essex,  Franklin,  and  St.  Lawrence. 

The  fifth  district  shall  consist  of  the  counties  of  Her- 
kimer,  Oneida,  Madison,  Oswego,  Lewis,  and  Jefferson. 
The  sixth  district  shall  consist  of  the  counties  of  Dela- 
ware, Otsego,  Chenango,  Broome,  Cortland,  Tompkins, 
and  Tioga. 

The  seventh  district  shall  consist  of  the  counties  of 
Onondaga,  Cayuga,  Seneca,  and  Ontario. 

The  eighth  district  shall  consist  of  the  counties  of 
Steuben,  Livingston,  Monroe,  Genesee,  Niagara,  Erie, 
Allegany,  Cattaraugus,  and  Chautauque. 

And  as  soon  as  the  senate  shall  meet,  after  the  first 
election  to  be  held  in  pursuance  of  this  constitution,  they 
shall  cause  the  senators  to  be  divided  by  lot  into  four 
classes,  of  eight  in  each,  so  that  every  district  shall  have 
one  senator  of  each  class ;  the  classes  to  be  numbered 
one,  two,  three,  and  four.  And  the  seats  of  the  first 
class,  shall  be  vacated  at  the  end  of  the  first  year  ;  of  the 
second  class,  at  the  end  of  the  second  year  ;  of  the  third 
class,  at  the  end  of  the  third  year  ;  of  the  fourth  class,  at 
the  end  of  the  fourth  year,  in  order  that  one  senator  be 
annually  elected  in  each  senate  district. 

SEC.  6.  An  enumeration  of  the  inhabitants  of  the  state 
shall  be  taken,  under  the  direction  of  the  legislature,  in 
the  year  one  thousand  eight  hundred  and  twenty-five, 
and  at  the  end  of  every  ten  years  thereafter ;  and  the 
said  districts  shall  be  so  altered  by  the  legislature,  at 
the  first  session  after  the  return  of  every  enumeration, 
that  each  senate  district  shall  contain,  as  nearly  as  may 


Legislature.  .      4~* 

be,  an  equal  number  of  inhabitants,  excluding  aliens, 
paupers,  and  persons  of  colour  not  taxed  ;  and  shall 
remain  unaltered  until  the  return  of  another  enumera- 
tion ;  and  shall  at  all  times  consist  of  contiguous  terri- 
tory, and  no  county  shall  be  divided  in  the  formation  of 
a  senate  district. 

SEC.  7.  The  members  of  the  assembly  shall  be  chosen 
by  counties,  and  shall  be  apportioned  among  the  several 
counties  of  the  state,  as  nearly  as  may  be,  according  to 
the  numbers  of  their  respective  inhabitants,  excluding 
aliens,  paupers,  and  persons  of  colour  not  taxed.  An 
apportionment  of  members  of  assembly  shall  be  made 
by  the  legislature,  at  its  first  session  after  the  return  of 
every  enumeration ;  and  when  made,  shall  remain  unal- 
tered until  another  enumeration  shall  have  been  taken. 
But  an  apportionment  of  members  of  the  assembly  shall 
be  made  by  the  present  legislature,  according  to  the  last 
enumeration  taken  under  the  authority  of  the  United 
States,  as  nearly  as  may  be.  Every  county  heretofore 
established,  and  separately  organized,  shall  always  be 
entitled  to  one  member  of  the  assembly,  and  no  new 
county  shall  hereafter  be  erected,  unless  its  population 
shall  entitle  it  to  a  member. 

SEC.  8.  Any  bill  may  originate  in  either  house  of  the 
legislature,  and  all  bills  passed  by  one  house  may  be 
amended  by  the  other. 

SEC.  9.  The  members  of  the  legislature  shall  receive 
for  their  services,  a  compensation  to  be  ascertained  by 
law,  arid  paid  out  of  the  public  treasury ;  but  no  increase 
of  the  compensation  shall  take  effect  during  the  year  in 
which  it  shall  have  been  made.  And  no  law  shall  be 
passed  increasing  the  compensation  of  the  members  of 
the  legislature  beyond  the  sum  of  three  dollars  a  day. 

Snc.  10.  No  member  of  the  legislature  shall  receive 
any  civil  appointment  from  the  governor  and  senate,  or 
from  the  legislature,  during  the  term  for  which  he  shall 
have  been  elected. 

SEC.  11.  No  person,  being  a  member  of  congress,  or 
holding  any  judicial  or  military  office  under  the  United 
States,  shail  hold  a  seat  in  the  legislature.  And  if  any 
person  shall,  while  a  member  of  the  legislature,  be  elect- 
ed to  congress,  or  appointed  to  any  office,  civil  or  mili- 
E 


46  Legislature. 

tary,  under  the  government   of  the  United  States,  hii 
acceptance  thereof  shall  vacate  his  seat. 

SEC.  12.  Every  bill  which  shall  have  passed  the  senate 
and  assembly,  shall,  before  it  become  a  law,  be  pj  eetnted 
to  the  governor.  If  he  approve,  he  shall  sign  it  ;  but  if 
not,  he  shall  return  it  with  his  objections  to  that  house 
in  which  it  shall  have  originated,  who  shall  enter  the 
objections  at  large  on  their  journal,  and  proceed  to  re- 
consider it.  If,  after  such  reconsideration,  two-thirds 
of  the  members  present  shall  agree  to  pass  the  bill,  it 
shall  be  sent,  together  with  the  objections,  to  the  other 
house,  by  which  it  shall  likewise  be  reconsidered  ;  and  if 
approved  by  two-thirds  of  the  members  present,  it  shall 
become  a  law.  But  in  all  such  cases  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays,  and  the 
names  of  the  persons  voting  for  and  against  the  bill,  shall 
be  entered  on  the  journal  of  each  house  respectively.  If 
any  bill  shall  not  be  returned  by  the  governor  w  ithin  ten 
days  (Sundays  excepted,)  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  be  a  law,  in  like  manner  as 
if  he  had  signed  it,  unless  the  legislature  shall,  by  their 
adjournment,  prevent  its  return ;  in  which  case  it  shall 
not  be  a  law. 

SEC.  13.  All  officers  holding  their  offices  during  good 
behaviour,  maybe  removed  by  joint  resolution  of  the  two 
houses  of  the  legislature,  if  two-thirds  of  all  the  members 
elected  to  the  assembly,  and  a  majority  of  all  the  mem- 
bers elected  to  the  senate,  concur  therein. 

SEC.  14.  The  political  year  shall  begin  on  the  first 
day  of  January  ;  and  the  legislature  shall  every  year  as- 
semble on  the  first  Tuesday  of  January,  unless  a  differ- 
ent day  shall  be  appointed  by  law. 

SEC.  15.  The  next  election  for  governor,  lieutenant- 
governor,  senators,  and  members  of  assembly,  shall  com- 
mence on  the  first  Monday  of  November,  one  thousand 
eight  hundred  and  twenty-two ;  and  all  subsequent  elec- 
tions shall  be  held  at  such  time  in  the  month  of  October 
or  November  as  the  legislature  shall  by  law  provide. 

SEC.  16.  The  governor,  lieutenant-governor,  senators, 
and  members  of  assembly,  first  elected  under  this  consti- 
tution, shall  enter  on  the  duties  of  their  respective  offices 
on  the  first  day  of  January,  one  thousand  eight  hundred 


Qualifications  of  Electors.  47 

and  twenty-three  ;  and  the  governor,  lieutenant-governor, 
senators,  and  members  of  assembly,  now  in  office,  shall 
continue  to  hold  the  same  until  the  first  day  of  January, 
one  thousand  eight  hundred  and  twenty-three,  and  no 
longer. 

ARTICLE  SECOND.— Electors. 

SEC.  1.  Every  male  citizen  of  the  age  of  twenty-one 
years,  who.  shall  have  been  an  inhabitant  of  this  state  one 
year  preceding  any  election,  and  for  the  last  six  months 
a  resident  of  the  town  or  county  where  he  may  oft'er  his 
vote  ;  and  shall  have,  within  the  year  next  preceding  the 
election,  paid  a  tax  to  the  state  or  county,  assessed  upon 
his  real  or  personal  property ;  or  shall,  by  law,  be  ex- 
empted from  taxation ;  or,  being  armed  and  equipped 
according  to  law,  shall  have  performed,  within  that  year, 
military  duty  in  the  militia  of  this  state  ;  or  who  shall  be 
exempted  from  performing  militia  duty  in  consequence 
of  being  a  fireman  in  any  city,  town  or  village  in  this 
state  :  And  also  every  male  citizen  of  the  age  of  twenty- 
one  years,  who  shall  have  been,  for  three  years  next 
preceding  such  election,  an  inhabitant  of  this  state,  and 
for  the  last  year  a  resident  in  the  town  or  county  where 
he  may  offer  his  vote ;  and  shall  have  been,  within  the 
last  year,  assessed  to  labor  upon  the  public  highways, 
and  shall  have  peformed  the  labor,  or  paid  an  equiva- 
lent therefor,  according  to  law,  shall  be  entitled  to  vote 
in  the  town  or  ward  where  he  actually  resides,  and  not 
elsewhere,  for  all  officers  that  now  are,  or  hereafter  may 
be,  elective  by  the  people  :  But  no  man  of  colour,  unless 
he  shall  have  been  for  three  years  a  citizen  of  this  state, 
and  for  one  year  next  preceding  any  election,  shall  be 
seized  and  possessed  of  a  freehold  estate  of  the  value  of 
two  hundred  and  fifty  dollars,  over  and  above  all  debts 
and  incumbrances  charged  thereon  ;  and  shall  have  been 
actually  rated,  and  paid  a  tax  thereon,  shall  be  entitled 
to  vote  at  any  such  election.  And  no  person  of  colour 
shall  be  subject  to  direct  taxation,  unless  he  shall  be 
seized  and  possessed  of  such  real  estate  as  aforesaid. 

SEC.  2.  Laws  may  be  passed,  excluding  from  the  right 
of  suffrage,  persons  who  have  been,  or  may  be,  convicted 
of  infamous  crimes. 


48.  Qualifications  of  Electors. 

SEC.  3.  Laws  shall  be  made  for  ascertaining,  by  propel? 
proofs,  the  citizens  who  shall  be  entitled  to  the  right  of 
suffrage  hereby  established. 

SEC.  4.  All  elections  by  the  citizens  shall  be  by  ballot, 
except  for  such  town  officers  as  may  by  law  be  directed 
to  be  otherwise  chosen. 

ARTICLE  THIRD.— Executive. 

SEC.  1.  The  executive  power  shall  be  vested  in  a  go- 
vernor. He  shall  hold  his  office  for  two  years ;  and  a 
lieutenant-governor  shall  be  chosen  at  the  same  time, 
and  for  the  same  term. 

Sec.  2.  No  person,  except  a  native  citizen  of  the  Unit- 
ed States,  shall  be  eligible  to  the  office  of  governor ;  nor 
shall  any  person  be  eligible  to  that  office  who  shall  not 
be  a  freeholder,  and  shall  not  have  attained  the  age  of 
thirty  years,  and  have  been  five  years  a  resident  within 
the  state,  unless  he  shall  have  been  absent  during  that 
time,  on  public  business  of  the  United  States,  or  of  this 
state. 

SEC.  3.  The  governor  and  lieutenant-governor  shall 
be  elected  at  the  times  and  places  of  choosing  members 
of  the  legislature.  The  persons  respectively  having  the 
highest  number  of  votes  for  governor  and  lieutenant- 
governor,  shall  be  elected ;  but  in  case  two  or  more  shall 
have  an  equal,  and  the  highest  number  of  votes  for  go- 
vernor, or  for  lieutenant-governor,  the  two  houses  of  the 
legislature  shall,  by  joint  ballot,  choose  one  of  the  said 
persons  so  having  an  equal  and  the  highest,  number  of 
votes  for  governor  or  lieutentant-governor. 

SEC.  4.  The  governor  shall  be  general  and  commander 
in  chief  of  all  the  militia,  and  admiral  of  the  navy  of  the 
state.  He  shall  have  power  to  convene  the  legislature 
(or  the  senate  only)  on  extraordinary  occasions.  He 
shall  communicate  by  message  to  the  legislature  at  every 
session,  the  condition  of  the  state  ;  and  recommend  such 
matters  to  them  as  he  shall  judge  expedient.  He  shall 
transact  all  necessary  business  with  the  officers  of  gov- 
ernment, civil  and  military.  He  shall  expedite  all  such 
measures  as  may  be  resolved  upon  by  the  legislature,  and 
shall  take  care  that  the  laws  are  faithfully  executed.  He 


Governor.  49 

shall,  at  stated  times,  receive  for  his  services  a  compen- 
sation winch  shall    neither  be  inc'vji^-.i  iu.r 
during  the  term  for  which  he  shall  have  been 

SEC.  5.  The  governor  -ha'l  liavo  'D.vjrto  grant  re- 
prieves and  pardons  after  conviction,  for  all  offences  ex- 
cept treason  and  cases  of  impeachment.  Upon  convic- 
tions for  treason,  he  shall  have  power  to  suspend  the  ex- 
ecution of  the  sentence  until  the  case  shall  be  rep'-  tfed 
to  the  legislature  at  its  next  meeting ;  when  the  legislature 
shall  either  pardon,  or  direct  the  execution  of  the  crim- 
inal, or  grant  a  further  reprieve. 

SEC.  6.  In  case  of  the  impeachment  of  the  governor, 
or  his  removal  from  office,  death,  resignation,  or  absence 
from  the  state,  the  powers  and  duties  of  the  office  shall 
devolve  upon  the  lieutenant-governor  for  the  residue  of 
the  term,  or  until  the  governor  absent  or  impeached  shall 
return,  or  be  acquitted.  But  when  the  governor  shall, 
with  the  consent  of  the  legislature,  be  out  of  the  state  in 
time  of  war,  at  the  head  of  a  military  force  thereof,  he- 
shall  still  continue  commander  in  chief  of  all  the  military 
force  of  the  state. 

SEC.  7.  The  lieutenant-governor  shall  be  president  of 
the  senate,  but  shall  have  only  a  casting  vote  therein.  If, 
during  a  vacancy  of  the  office  of  governor,  the  lieutenant- 
governor  shall  be  impeached,  displaced,  resign,  die,  or 
be  absent  from  the  state,  the  president  of  the  senate  shall 
act  as  governor,  until  the  vacancy  shall  be  filled,  or  the 
disability  shall  cease, 

ARTICLE  FOURTH. — Appointments  and  choice. 

SEC.  1.  Militia  officers  shall  be  chosen  or  appointed 
as  follows  : 

Captains,  subalterns,  and  non-commissioned  officers-, 
shall  be  chosen  by  the  written  votes  of  the  members  of 
their  respective  companies.  Field  officers  of  regiments 
and  separate  battalions,  by  the  written  votes  of  the  com- 
missioned officers  of  the  respective  regiments  and  sepa- 
rate battalions.  Brigadier  generals  by  the  field  officers 
of  their  respective  brigades.  Major  generals,  brigadier 
generals,  and  commanding  officers  o£  regiments  or  sepa- 
rate battalions,  shall  appoint  the  staff  officers  of  their 
F/2 


50  Appointments  and  dioitt* 

respective  divisions,  brigades,  regiments,  or  separate 
battalions. 

SEC.  2.  The  governor  shall  nominate,  and  with  the 
consent  of  the  senate,  appoint  all  major  generals,  brigade 
inspectors,  and  chiefs  of  the  staff  departments,  except 
the  adjutant  general  and  commissary  general.  The  adju- 
tant general  shall  be  appointed  by  the  governor. 

SEC.  3.  The  legislature  shall,  by  law,  direct  the  time 
and  manner  of  electing  militia  officers,  and  of  certifying 
their  elections  to  the  governor. 

SEC.  4.  The  commissioned  officers  of  militia  shall  be 
commissioned  by  the  governor  ;  and  no  commissioned  offi- 
cer shall  be  removed  from  office,  unless  by  the  senate,  011 
the  recommendation  of  the  governor,  stating  the  grounds 
on  which  such  removal  is  recommended ;  or  by  the  de- 
cision of  a  court  martial  pursuant  to  law.  The  present 
officers  of  the  militia  shall  hold  their  commissions,  sub- 
ject to  removal  as  before  provided. 

SEC.  5.  In  case  the  mode  of  election  and  appointment 
of  militia  officers  hereby  directed,  shall  not  be  found  con- 
ducive to  the  improvement  of  the  militia,  the  legislature 
may  abolish  the  same,  and  provide  by  law  for  their  ap- 
pointment and  removal,  if  two-thirds  of  the  members 
present  in  each  house  shall  concur  therein. 

SEC.  6.  The  secretary  of  state,  comptroller,  treasurer, 
attorney  general,  surveyor  general,  and  commissary  ge- 
neral, shall  be  appointed  as  follows  :  The  senate  and  as- 
sembly shall  each  openly  nominate  one  person  for  the 
said  officers  respectively ;  after  which  they  shall  meet  to- 
gether, and  if  they  shall  agree  in  their  nominations,  the 
persons  so  nominated  shall  be  appointed  to  the  office  for 
which  he  shall  be  nominated.  If  they  shall  disagree,  the 
appointment  shall  be  made  by  the  joint  ballot  of  the  sena- 
tors and  members  of  assembly.  The  treasurer  shall  be 
chosen  annually.  The  secretary  of  state,  comptroller, 
attorney  general,  surveyor  general,  and  commissary  ge- 
neral, shall  hold  their  offices  for  three  years,  unless  soon- 
er removed  by  concurrent  resolution  of  the  senate  and 
assembly. 

SEC.  7.  The  governor  shall  nominate,  by  message  in 
writing  and  with  the  consent  of  the  senate,  shall  appoint 
all  judicial  officers,  except  justices  of  the  peace,  who  shall 


Appointments  and  choice.  51 

be  appointed  in  manner  following,  that  is  to  say :  The 
board  of  supervisors  in  every  county  in  this  state,  shall, 
at  such  times  as  the  legislature  may  direct,  meet  together ; 
and  they,  or  a  majority  of  them  so  assembled,  shall  nom- 
inate so  many  persons  as  shall  be  equal  to  the  number 
of  justices  of  the  peace,  to  be  appointed  in  the  several 
towns  in  the  respective  counties.  And  the  judges  of  the 
respective  county  courts,  or  a  majority  of  them,  shall  also 
meet  and  nominate  a  like  number  of  persons  ;  and  it  shall 
be  the  duty  of  the  said  board  of  supervisors,  and  judges 
of  county  courts,  to  compare  such  nominations,  at  such 
time  and  place  as  the  legislature  may  direct ;  and  if,  on 
such  comparison,  the  said  boards  of  supervisors  and 
judges  of  county  courts,  shall  agree  in  their  nominations, 
in  all  or  in  part,  they  shall  file  a  certificate  of  the  nomi- 
nations in  which  they  shall  agree,  in  the  office  of  the 
clerk  of  the  county;  and  the  person  or  persons  named 
in  such  certificates  shall  be  justices  of  the  peace ;  and 
in  case  of  disagreement  in  whole,  or  in  part,  it  shall  be 
the  further  duty  of  the  said  boards  of  supervisors  and 
judges  respectively,  to  transmit  their  said  nominations  so 
far  as  they  disagree  in  the  same,  to  the  governor,  who 
shall  select  from  the  said  nominations,  and  appoint  so 
many  justices  of  the  peace  as  shall  be  requisite  to  fill  the 
vacancies.  Every  person  appointed  a  justice  of  the 
peace,  shall  hold  his  office  for  four  years,  unless  remov- 
ed by  the  county  court  for  causes  particularly  assigned 
by  the  judges  of  the  said  court.  And  no  justice  of  the 
peace  shall  be  removed,  until  he  shall  have  notice  of  the 
charges  made  against  him,  and  an  opportunity  of  being 
heard  in  his  defence. 

SEC.  8.  Sheriffs,  and  clerks  of  counties,  including  the 
register  and  clerk  of  the  city  and  county  of  New-York, 
shall  be  chosen  by  the  electors  of  the  respective  coun- 
ties, once  in  every  three  years,  and  as  often  as  vacancies 
shall  happen.  Sheriffs  shall  hold  no  other  office,  and  be 
ineligible  for  the  next  three  years  after  the  termination 
of  their  offices.  They  may  be  required  by  law  to  renew 
their  security  from  time  to  time  ;  and  in  default  of  giving 
such  new  security,  their  offices  shall  be  deemed  vacant. 
But  the  county  shall  never  be  made  responsible  for  the 
acts  of  the  sheriff.  And  the  governor  may  remove  any 


52  Appointments  and  choice. 

such  sheriff,  clerk,  or  register,  at  any  time  within  the 
three  years  for  which  he  shall  be  elected,  giving  to  such 
sheriff,  clerk,  or  register,  a  copy  of  the  charge  against 
him,  and  an  opportunity  of  being  heard  in  his  defence, 
before  any  removal  shall  be  made. 

SEC.  9.  The  clerks  of  courts,  except  those  clerks 
whose  appointment  is  provided  for  in  the  preceding  sec- 
tion, shall  be  appointed  by  the  courts  of  which  they  res- 
pectively are  clerks  ;  and  district  attorneys,  by  the  coun- 
ty courts.  Clerks  of  courts,  and  district  attorneys,  shall 
hold  their  offices  for  three  years,  unless  sooner  removed 
by  the  courts  appointing  them. 

SEC.  10.  The  mayors  of  all  the  cities  in  this  state 
shall  be  appointed  annually,  by  the  common  councils  of 
the  respective  cities. 

SEC.  11.  So  many  coroners  as  the  legislature  may  di- 
rect, not  exceeding  four  in  each  county,  shall  be  elected 
in  the  same  manner  as  sheriffs,  and  shall  hold  their  offi- 
ces for  the  same  term,  and  be  removable  in  like  manner. 

SEC.  12.  The  governor  shall  nominate,  and  with  the 
consent  of  the  senate,  appoint  masters  and  examiners  in 
chancery,  who  shall  hold  their  offices  for  three  years, 
unless  sooner  removed  by  the  senate,  on  the  recommen- 
dation of  the  governor.  The  registers  and  assistant 
registers  shall  be  appointed  by  the  chancellor,  and  hold 
their  offices  during  his  pleasure. 

SEC.  13.  The  clerk  of  the  court  of  oyer  and  terminer, 
and  general  sessions  of  the  peace,  in  and  for  the  city  and 
county  of  New-York,  shall  be  appointed  by  the  court  of 
general  sessions  of  the  peace  in  said  city,  and  hold  his 
office  during  the  pleasure  of  the  said  court ;  and  such 
clerks  and  other  officers  of  courts,  whose  appointment  is 
not  herein  provided  for,  shall  be  appointed  by  the  sever- 
al courts,  or  by  the  governor,  with  the  consent  of  the 
senate,  as  may  be  directed  by  law. 

SEC.  14.  The  special  justices,  and  the  assistant  jus- 
tices, and  their  clerks,  in  the  city  of  New-York,  shall  be 
appointed  by  the  common  council  of  the  said  city,  and 
shall  hold  their  offices  for  the  same  term  that  the  justices 
of  the  peace,  in  the  other  counties  of  this  state,  hold  their 
offices,  and  shall  be  removable  in  like  manner. 

SEC.  15.  All  officers  heretofore  elective  by  the  peo- 


Appointments  and  choice.  53 

pie,  shall  continue  to  be  elected ;  and  all  other  officers, 
whose  appointment  is  not  provided  for  by  this  constitu- 
tion, and  all  officers  whose  offices  may  be  hereafter  cre- 
ated by  law,  shall  be  elected  by  the  people,  or  appointed 
as  may  by  law  be  directed. 

SEC.  16.  Where  the  duration  of  any  office  is  not  pre- 
scribed by  this  constitution,  it  may  be  declared  by  law  ; 
and  if  not  so  declared,  such  office  shall  be  held  during 
the  pleasure  of  the  authority  making  the  appointment. 

ARTICLE  FIFTH.— Courts. 

SEC.  1.  The  court  for  the  trial  of  impeachments,  and 
the  correction  of  errors,  shall  consist  of  the  president  of 
the  senate,  the  senators,  the  chancellor,  and  the  justices 
of  the  supreme  court,  or  the  major  part  of  them;  but 
when  an  impeachment  shall  be  prosecuted  against  the 
chancellor,  or  any  justice  of  the  supreme  court,  the  per- 
son so  impeached,  shall  be  suspended  from  exercising  his 
office,  until  his  acquittal ;  and  when  an  appeal  from  a  de- 
cree in  chancery  shall  be  heard,  the  chancellor  shall  in- 
form the  court  of  the  reasons  for  his  decree,  but  shall 
have  no  voice  in  the  final  sentence  ;  and  when  a  writ  of 
error  shall  be  brought  on  a  judgment  of  the  supreme 
court,  the  justices  of  that  court  shall  assign  the  reasons 
for  their  judgment,  but  shall  not  have  a  voice  for  its  af- 
firmance or  reversal. 

SEC.  2.  The  assembly  shall  have  the  power  of  im- 
peaching all  civil  officers  of  this  state  for  mal  and  cor- 
rupt conduct  in  office,  and  for  high  crimes  and  misde- 
meanors ;  but  a  majority  of  all  the  members  elected  shall 
concur  in  an  impeachment.  Before  the  trial  of  an  im- 
peachment, the  members  of  the  court  shall  take  an  oath 
or  affirmation,  truly  and  impartially  to  try  and  determine 
the  charge  in  question,  according  to  evidence ;  and  no 
person  shall  be  convicted  without  the.  concurrence  of 
two-thirds  of  the  members  present.  Judgment,  in  cases 
of  impeachment,  shall  not  extend  farther  than  the  remo- 
val from  office,  and  disqualification  to  hold,  and  enjoy, 
any  office  of  honor,  trust,  or  profit,  under  this  state  ;  but 
the  party  convicted  shall  be  liable  to  indictment,  and 
punishment,  according  to  law. 


54  Courts. 

SEC.  3.  The  chancellor  and  justices  of  the  supreme 
eourt  shall  hold  their  offices  during  good  behaviour,  or 
until  they  shall  attain  the  age  of  sixty  years. 

SEC.  4.  The  supreme  court  shall  consist  of  a  chief 
justice,  and  two  justices,  any  of  whom  may  hold  the 
court. 

SEC.  5.  The  state  shall  be  divided,  by  law,  into  a  con- 
venient number  of  circuits,  not  less  than  four,  nor  ex- 
ceeding eight,  subject  to  alteration  by  the  legislature, 
from  time  to  time,  as  the  public  good  may  require  ;  for 
each  of  which,  a  circuit  judge  shall  be  appointed,  in  the 
same  manner,  and  hold  his  office  by  the  same  tenure,  as 
the  justices  of  the  supreme  court ;  and  who  shall  possess 
the  powers  of  a  justice  of  the  supreme  court  at  chambers, 
and  in  the  trial  of  issues  joined  in  the  supreme  court,  and 
in  courts  of  over  and  terminer  and  jail  delivery.  And 
such  equity  powers  may  be  vested  in  the  said  circuit 
judges,  or  in  the  county  courts,  or  in  such  other  subor- 
dinate courts  as  the  legislature  may  by  law  direct,  sub- 
ject to  the  appellate  jurisdiction  of  the  chancellor. 

Sec.  6.  Judges  of  the  county  courts,  and  recorders  of 
cities,  shall  hold  their  offices  for  five  years,  but  may  be 
removed  by  the  senate,  on  the  recommendation  of  the 
governor,  for  causes  to  be  stated  in  such  recommendation. 

SEC.  7.  Neither  the  chancellor  nor  justices  of  the  su- 
preme court,  nor  any  circuit  judge,  shall  hold  any  other 
office  or  public  trust.  All  votes  for  any  elective  office, 
given  by  the  legislature,  or  the  people,  for  the  chancel- 
lor, or  a  justice  of  the  supreme  court,  or  circuit  judge, 
during  his  continuance  in  his  judicial  office,  shall  be  void. 

ARTICLE  SIXTH.— Oath  of  Office. 

SEC.  1.  Members  of  the  legislature,  and  all  officers, 
executive  and  judicial,  except  such  inferior  officers  as 
may  by  law  be  exempted,  shall,  before  they  enter  on  the 
duties  of  their  respective  offices,  take  and  subscribe  the 
following  oath  or  affirmation.  I  do  solemnly  swear,  (or 
.affirm  as  the  case  may  be,)  that  I  will  support  the  con- 
stitution of  the  United  States,  and  the  constitution  of  the 
state  of  New- York;  and  that  1  will  faithfully  discharge 

the  duties  of  the  office  of — ,  according  to 

the  best  of  my  ability. 


Rights  and  Prohibitions.  56 

And  no  other  oath,  declaration,  or  test,  shall  be  requi- 
red as  a  qualiitcaiion  for  any  office  or  public  trust. 

ARTICLE  SEVENTH.—  -RAfs  and  Prohibitions. 


SEC.  1.  No  member  of  this  state  shall  be  disfranchised, 
or  deprived  of  any  of  the  rights  or  privileges  secured  to 
any  citizen  thereof,  unless  by  the  law  of  the  land,  or  the. 
judgment  of  his  peers. 

SEC.  2.  The  trial  by  jury  in  all  cases  in  which  it  has 
been  heretofore  used,  shall  remain  inviolable  for  ever  ; 
and  no  new  court  shall  be  instituted  but  such  as  shall 
proceed  according  to  the  course  of  the  common  law, 
except  such  courts  of  equity  as  the  legislature  is  herein 
authorised  to  establish. 

SEC.  3.  The  free  exercise  and  enjoyment  of  religious 
profession  and  worship,  without  discrimination  or  pre- 
ference, shall  for  ever  be  allowed  in  this  state  to  all  man- 
kind ;  but  the  liberty  of  conscience  hereby  secured,  shall 
not  be  so  construed  as  to  excuse  acts  of  licentiousness,  or 
justify  practices  inconsistent  with  the  peace  or  safety  of 
this  state. 

SEC.  4.  And  whereas  the  ministers  of  the  gospel  are, 
by  their  profession,  dedicated  to  the  service  of  God  and 
the  cure  of  souls,  and  ought  not  to  be  diverted  from  the 
great  duties  of  their  functions;  therefore,  no  minister  of 
the  gospel,  or  priest  of  any  denomination  whatsoever, 
shall,  at  any  time  hereafter,  under  any  pretence  or  de- 
scription whatever,  be  eligible  to,  or  capable  of  holding, 
any  civil  or  military  office  or  place  within  this  state. 

SEC.  5.  The  militia  of  this  state  shall,  at  all  times  here- 
after, be  armed  and  disciplined,  and  in  readiness  for  ser- 
vice ;  but  all  such  inhabitants  of  this  state,  of  any  reli- 
gious denomination  whatever,  as  from  scruples  of  con- 
science, may  be  averse  to  bearing  arms,  shall  be  excused 
therefrom,  by  paying  to  the  state  an  equivalent  in  money  ; 
and  the  legislature  shall  provide  by  law  for  the  collection 
of  such  equivalent,  to  be  estimated  according  to  the  ex- 
pense, in  time  and  money,  of  an  ordinary  able  bodied 
militia  man. 

SEC.  6.  The  privilege  of  the  writ  of  habeas  corpiu 
shall  not  be  suspended,  unless  when  in  case  cf  rebellion. 


56  RivJits  and  Prohibitions. 

or  invasion,  the  public  safety  may  require  its  suspension 
SEC.  7.  No  person  shall  be  held  to  answer  for  a  capi- 
tal, or  otherwise  infamous  crime,  (except  in  cases  of  im- 
peachment, and  in  cases  of  the  militia,  when  in  actual 
service,  and  the  land  and  naval  forces  in  time  of  war,  or 
which  this  state  may  keep,  with  the  consent  of  con- 
gress, in  time  of  peace,  and  in  cases  of  petit  larceny,  un- 
der the  regulation  of  the  legislature,)  unless  on  present- 
ment or  indictment  of  a  grand  jury  ;  and  in  every  trial 
on  impeachment  or  indictment,  the  party  accused  shall 
be  allowed  counsel  as  in  civil  actions.  No  person  shall 
be  subject,  for  the  same  offence,  to  be  twice  put  in  jeopar- 
dy of  life  or  limb  ;  nor  shall  he  be  compelled,  in  any  crim- 
inal case,  to  be  a  witness  against  himself;  nor  be  deprived 
of  life,  liberty,  or  property,  without  due  process  of  law: 
Nor  shall  private  property  be  taken  for  public  use,  with- 
out just  compensation. 

SEC.  8.  Every  citizen  may  freely  speak,  write  and 
publish  his  sentiments,  on  all  subjects,  being  responsible 
for  the  abuse  of  that  light;  and  no  law  shall  be  passed  to 
restrain  or  abridge  the  liberty  of  speech,  or  of  the  press. 
In  all  prosecutions  or  indictments  for  libels,  the  truth 
May  be  given  in  evidence  to  the  jury ;  and  if  it  shall  ap- 
pear to  the  jury,  that  the  matter  charged  as  libellous  is 
true,  and  was  published  with  good  motives,  and  for  justi- 
fiable ends,  the  party  shall  be  acquitted ;  and  the  jury 
bhall  have  the  right  to  determine  the  law  and  the  fact. 

SEC.  9.  The  assent  of  two-thirds  of  the  members  elect- 
ed to  each  branch  of  the  legislature,  shall  be  requisite  to 
every  bill  appropriating  the  public  moneys  or  property, 
for  local  or  private  purposes,  or  creating,  continuing, 
altering,  or  renewing  any  body  politic  or  corporate. 

.  10.  The  proceeds  of  all  lands  belonging  to  this 
state,  except  such  parts  thereof  as  may  be  reserved  or 
appropriated  to  public  use,  or  ceded  to  the  United  States, 
which  shall  hereafter  be  sold  or  disposed  of,  together 
with  the  fund  denominated  the  common  school  fund,  shall 
be  and  remain  a  perpetual  fund  ;  the  interest  of  which 
shall  be  inviolably  appropriated  and  applied  to  the  sup- 
port of  common  schools  throughout  this  state.  Rates  of 
toll,  not  less  than  those  agreed  to  by  the  canal  commis- 
sioners, and  set  forth  in  their  report  to  the  legislature  of 


Rights  and  Prohibition*.  57 

the  twelfth  of  March,  one  thousand  eight  hundred  and 
twenty-one,  shall  be  imposed  on,  and  collected  from  all 
parts  of  the  navigable  communications  between  the  great 
western  and  northern  lakes,  and  the  Atlantic  ocean, 
which  now  are,  or  hereafter  shall  be  made  and  completed : 
And  the  said  tolls,  together  with  the  duties  on  the  manu- 
facture of  all  salt,  as  established  by  the  act  of  the  fifteenth 
of  April,  one  thousand  eight  hundred  and  seventeen  ;  and 
the  duties  on  goods  sold  at  auction,  excepting  therefrom, 
the  sum  of  thirty-three  thousand  five  hundred  dollars, 
otherwise  appropriated  by  the  said  act ;  and  the  amount 
of  the  revenue,  established  by  the  act  of  the  legislature  of 
the  thirtieth  of  March,  one  thousand  eight  hundred  and 
twenty,  in  lieu  of  the  tax  upon  steam-boat  passengers, 
shall  be,  and  remain  inviolably  appropriated  and  applied 
to  the  completion  of  such  navigable  communications, 
and  to  the  payment  of  the  interest,  and  reimbursement  of 
the  capital  of  the  money  already  borrowed,  or  which 
hereafter  shall  be  borrowed,  to  make  and  complete  the 
same.  And  neither  the  rates  of  toll,  on  the  said  navi- 
gable communications,  nor  the  duties  on  the  manu- 
facture of  salt  aforesaid,  nor  the  Duties  on  goods  sold  at 
auction,  as  established  by  the  act  of  the  fifteenth  of  April, 
one  thousand  eight  hundred  and  seventeen,  nor  the 
amount  of  the  revenue  established  by  the  act  of  March 
the  thirtieth,  one  thousand  eight  hundred  and  twenty, 
in  lieu  of  the  tax  upon  steam-boat  passengers,  shall 
be  reduced  or  diverted,  at  any  time  before  the  full  and 
complete  payment  of  the  principal  and  interest  of  the 
money  borrowed,  or  to  be  borrowed  as  aforesaid.  And 
the  legislature  shall  never  sell  nor  dispose  of  the  salt 
springs  belonging  to  this  state,  nor  the  lands  contiguous 
thereto,  which  may  be  necessary  or  convenient  for  their 
use ;  nor  the  said  navigable  communications,  nor  any 
part  or  section  thereof;  but  the  same  shall  be  and  re- 
main the  property  of  this  state. 

SEC.  11.  No  lottery  shall  hereafter  be  authorised  in 
this  state  ;  nnd  the  legislature  shall  pass  laws  to  prevent 
the  sale  of  all  lottery  tickets  within  this  state,  except  in 
lotteries  already  provided  for  by  law. 

SEC.  12.  No  purchase  or  contract  for  the  sale  of  lands 
in  this  state,  made  since  the  fourteenth  day  of  October, 

F 


58  Rights  and  Prohibitions. 

one  thousand  seven  hundred  and  seventy-five,  or  which 
may  hereafter  he  made,  of,  or  with  the  Indians  in  this 
state,  shall  be  valid  unless  made  under  the  authority  and 
with  the  consent  of  the  legislature. 

SEC.  13.  Such  parts  of  the  common  law,  and  of  the 
acts  of  the  legislature  of  the  colony  of  New-York,  as  to- 
gether did  form  the  law  of  the  said  colony,  on  the  nine- 
teenth day  of  April,  one  thousand  seven  hundred  and 
seventy-five,  and  the  resolutions  of  the  congress  of  the 
said  colony,  and  ol»  the  convention  of  the  state  of  New- 
York,  in  force  on  the  twentieth  day  of  April,  one  thousand 
seven  hundred  and  seventy-seven,  which  have  not  since 
expired,  or  been  repealed  or  altered ;  and  such  acts  of 
the  legislature  of  this  state  as  are  now  in  force,  shall  be 
and  continue  the  law  of  this  state,  subject  to  such  altera- 
tion as  the  legislature  shall  make  concerning  the  same. 
15 ut  all  such  parts  of  the  common  law,  and  such  of  the 
said  acts,  or  parts  thereof,  as  are  repugnant  to  this  con- 
stitution, are  hereby  abrogated. 

SEC.  14.  All  grants  of  land  within  this  state,  made  by 
the  King  of  Great  Britain,  or  persons  acting  under  his 
authority,  after  the  fourteenth  day  of  October,  one  thou- 
sand seven  hundred  and  seventy-five,  shall  be  null  and 
void  ;  but  nothing  contained  in  this  constitution  shall 
affect  any  grants  of  land  within  this  state,  made  by  the 
authority  of  the  said  Ring,  or  his  predecessors,  or  shall 
annul  any  charters  to  bodies  politic  and  corporate,  by 
him  or  them  made  before  that  day ;  or  shall  affect  any 
such  grants  or  charters  since  made  by  this  state,  or  by 
persons  acting  under  its  authority  ;  or  shall  impair  the 
obligation  of  any  debts  contracted  by  the  state,  or  indi- 
viduals, or  bodies,  corporate,  or  any  other  rights  of 
property,  or  any  suits,  actions,  rights  of  action,  or  other 
proceedings  in  courts  of  justice. 

ARTICLE  EIGHTH.— Amendment*. 

SEC.  1.  Any  amendment  or  amendments  to  this  con- 
stitution may  be  proposed  in  the  senate  or  assembly  ;  and 
if  the  same  shall  be  agreed  to  by  a  majority  of  the  mem- 
bers elected  to  each  of  the  two  houses,  such  proposed 
amendment  or  amendments  shall  be  entered  on  their 


Amendments*  59 

journals,  with  the  yeas  and  nays  taken  thereon,  and 
referred  to  the  legislature  then  next  to  he  chosen  ;  and 
shall  he  published,  for  three  months  previous  to  the  time 
of  making  such  choice ;  and  if,  in  the  legislature  next 
chosen  as  aforesaid,  such  proposed  amendment  or  amend- 
ments shall  be  agreed  to  by  two-thirds  of  all  the  members 
elected  to  each  house,  then  it  shall  be  the  duty  of  the 
legislature  to  submit  such  proposed  amendment  or  amend- 
ments to  the  people,  in  such  manner  and  at  such  time  as 
the  legislature  shall  prescribe  ;  and  if  the  people  shall 
approve  and  ratify  such  amendment  or  amendments,  by 
a  majority  of  the  electors  qualified  to  vote  for  members 
of  the  legislature  voting  thereon,  such  amendment  or 
amendments  shall  become  part  of  the  constitution. 

ARTICLE  NINTH.— When  in  force. 

SEC.  1.  This  constitution  shall  be  in  force  from  the 
last  day  of  December,  in  the  year  one  thousand  eight 
hundred  and  twenty-two.  But  all  those  parts  of  the  same 
which  relate  to  the  right  of  suffrage  ;  the  division  of  the 
state  into  senate  districts ;  the  number  of  members  of 
the  assembly  to  be  elected  in  pursuance  of  this  constitu- 
tion ;  the  apportionment  of  members  of  assembly ;  the 
elections  hereby  directed  to  commence  on  the  lirst  Mon- 
day of  November,  in  the  year  one  thousand  eight  hun- 
dred and  twenty-two ;  the  continuance  of  the  members 
of  the  present  legislature  in  office  until  the  first  day  of 
January,  in  the  year  one  thousand  eight  hundred  and 
twenty-three,  and  the  prohibition  against  authorizing  lot- 
teries ;  the  prohibition  against  appropriating  the  public 
moneys  or  property  for  local  or  private  purposes,  or 
creating,  continuing,  altering,  or  rerewing  any  body  pol- 
itic or  corporate  without  the  assent  of  two-thirds  of  the 
members  elected  to  each  branch  of  the  legislature,  shall 
be  in  force  and  take  effect  from  the  last  day  of  February 
next.  The  members  of  the  present  legislature  shall,  on 
the  first  Monday  of  March  next,  take  and  subscribe  an 
oath  or  affirmation,  to  support  this  constitution,  so  far 
as  the  same  shall  then  be  in  force.  Sheriffs,  clerks  of 
counties,  and  coroners,  shall  be  elected  at  the  election 
hereby  directed  to  commence  on  the  first  Monday  of 


60  When  in  force. 

November,  in  the  year  one  thousand  eight  hundred  and 
twenty-two ;  but  they  shall  not  enter  on  the  duties  of 
their  offices  before  the  first  day  of  January  then  next 
following.  The  commissions  of  all  persons  holding  civil 
offices  on  the  last  day  of  December,  one  thousand  eight 
hundred  and  twenty-two,  shall  expire  on  that  day  ;  but 
the  officers  then  in  commission,  may  respectively  con- 
tinue to  hold  their  said  offices  until  new  appointments 
or  elections  shall  take  place  under  this  constitution. 

SEC.  2.  The  existing  laws  relative  to  the  manner  of 
notifying,  holding  and  conducting  elections,  making 
returns,  and  canvassing  votes,  shall  be  in  force,  and 
observed,  in  respect  to  the  elections  hereby  directed  to 
commence  on  the  first  Monday  of  November,  in  the  year 
one  thousand  eight  hundred  and  twenty-two,  so  far  as 
the  same  are  applicable.  And  the  present  legislature 
shall  pass  such  other  and  further  laws  as  may  be  requisite 
for  the  execution  of  the  provisions  of  this  constitution, 
in  respect  to  elections. 


THE  following  are  the  names  of  the  members  elected 
to  the  Convention  which  formed  the  preceding  Consti- 
tution, with  the  counties  they  respectively  represented. 
Those  whose  names  are  in  Italics  did  not  subscribe  the 
Constitution. 

County  of  Albany,  County  of  Cayuga, 

Stephen  Van  Rensselaer        David  Brinkerhoff 
James  Kent  Rowland  Day 

Ambrose  Spencer  Augustus  F.  Ferris 

Abraham  Van  Vechten  County  of  Chenango, 

Counties  of  Allegany  and    Thomas  Humphrey 

Steuben,  Jarvis  K.  Pike 

Timothy  Kurd  Nathan  Taylor 

James  M'Call  Counties  of  Clinton  and 

County  of  Broome,  Franklin, 

Charles  Pumpelly  Nathan  Carver 

Counties  of  Cataraugus,          County  of  Columbia, 

Erie,  and  Niagara,        Wm.  W.  Van  Ness 
Augustus  Porter  Elisha  Williams 

Samuel  Russell  Jacob  R.  Van  Rensselaer 

Francis  Sylvester 


( 'ortfana, 

Samuel  .Y'lson 

County  of  Delaware. 
Eru.-lus  R  M>t 
jRwforf  OV//-/J 

County  of  Dut  chess, 
James  Taliniadge  Jttn. 
Peter  II.  Livingston 
Ahraham  II.  Schenck 
Elislia  Barlow 
Isaac  Hunting 

County  of  Essex, 
Reuben  Sanford 

County  of  Gencssce, 
David  Burrows 
John  Z.  Ross 
Elizur  Webster 

County  of  Greene , 
Jehiel  Tuttle 
Alpheus  IVtbster 

County  of  Hcrkimcr, 
Richard  Van  Home 
Sanders  Lansing 
Sherman  Wooster 

County  of  Jefferson, 
Egbert  Ten  Ejcfc 
Hiram  Steele 

County  of  Kings, 
John  LefFerts 

County  of  Lewis, 
Ela  Collins 

County  of  Livingston, 
James  Rosebrugh 

Onmty  of  Madison, 
Barak  Beckwith 
|    John  Knowles 
Edward  Roi 

C.< tin ?t/  of  Mj-iroc, 
John  V.  Bowman 

County  of  Montgomery, 
Pliil:p  Rhinclander,  jr. 
Howtand&ish 


Jftcuh  II 
M'illia/n  I. 
Ah-.vander 

County  of  New- 1  "or/,-, 
Nathan  Sanford 
Peter  Sliarpc 
l>cter  Stagg 
JYter  II.  Wendover 
"\Villiam  Paulding,  jr. 
Ogdcn  Edwards 
Jacobus  Dyckman 
Henry  AVhcaton 
James  Fairlie 
John  L.  Lawrence 
Jacob  Radclift" 

County  of  Oiicida, 
Jonas  Platt 
Henry  Iluntington 
Ezekiel  Bacon 
Nathan  Williams 
Samuel  S.  Breeze 

County  of  Onondaga, 
Victory  Birdseye 
I'arley  E.  Home 
Ama/i  Case 
Asa  Eastwood 

Count i/  of  Ontario, 
Philettis  Swift 
John  Price 
Mi  call  Brooks 
Joshua  Van  Fleet 
David  Sutherland 

County  of  Orange, 
John  Dtier 

Benjamin  Woodward 
John  Hallock,  jr. 
Peter  Mil  i  kin 

County  of  Otsego, 
Martin  Van  Buren 
Joseph  Cl.de 
Dacid  Tripp 
Ransom'  Hunt 
William  Park 


County  of  Putnam, 
Joel  Frost 

County  of  Queens, 
Rums  King 
Elbert  H.  Jones 
Nathaniel  Seaman 

County  of  Remselaer, 
James  L.  Hogeboom 
John  W  Woods 
David  Buel,  jr. 
John  Reeve 
Jirah  Baker 

Coxnty  of  Richmond, 
Daniel  D.  Tompkins 

Cfnt'ity  of  Rockland, 
Samuel  G.  Yerbryck 

County  of  Saratoga, 
Salmon  Child 
John  Cramer 
Samuel  Young 
Jeremy  Rockwell 

County  of  Schenectadyi 
John  Sanders 
Henry  Yates,  jr. 

County  of  Schoharie,, 
Jacob  Sutherland 
Olney  Briggs 
Asa  Starkweather 

County  of  Seneca> 
Robert  S.  Rose 


Jonas  Seely 

Ci-tnty  of  St.  Lawrence* 
Jacob  Fenton 

Co.mty  of  Suffolk, 
Ebenezer  Sage 
Usher  H.  Moore 
Joshua  Smith 
County  of  Tioga, 
Matthew  Carpenter 

Chanty  of  Tompkins, 
Richard  Smith 
Richard  Townley 
Counties  of   Ulster  and  Sul- 
livan, 

Henry  Jansen 
James  Hunter 
Jonathan  Dubois 
Daniel  Clark 
Counties  of  Washington  aud 

Warren, 

Nathaniel  Pitcher 
Melancton  Wheeler 
Alexander  Livingston 
William  Townsend 
John  Richards 

County  of  Westchester,, 
Peter  A.  Jay 
Jonathan  Ward 
Peter  Jay 


RULES  AND  ORDERS 

OF    .iJi; 


<dE 

8  TA  TE  OF  NE  W-  YORK. 

1st.  THE  President  having  taken  the  chair,  at  the 
hour  to  which  the  Senate  shall  have  been  adjourned,  and 
a  quorum  being  present,  the  journal  of  the  preceding 
day  shall  be  read,  to  the  end  that  any  mistake  therein 
may  be  corrected. 

2d.  No  member  shall  speak  to  another,  or  otherwise 
interrupt  the  business  of  the  senate,  or  read  any  newspa- 
per while  the  journals  or  public  papers  are  reading  ;  and 
when  the  president  is  putting  a  question,  no  senator  shall 
walk  out  or  across  the  house,  nor  when  a  senator  is  speak- 
ing, pass  between  him  and  the  chair. 

3d.  The  president  shall  have  the  right  to  name  any 
member  to  perform  the  duties  of  the  chair,  who  is  hereby 
vested,  during  such  time,  with  all  the  powers  of  the  pre- 
sident ;  but  such  substitute  shall  not  lose  the  right  of  vot- 
ing on  any  question  while  so  presiding. 

4th.  Every  member  when  he  speaks  shall  address  the 
chair,  standing  in  his  place:  no  member  shall  speak 
more  than  twice  in  any  one  debate  on  the  same  day,  with- 
out leave  of  the  senate. 

5th.  When  two  or  more  members  rise  at  once,  the  pre- 
sident shall  name  the  member  who  is  first  to  speak. 

6th.  No  motion  shall  be  debated  until  the  same  be  sec- 
onded ;  and  it  shall  be  reduced  to  writing,  if  desired  by 
the  president  or  any  member,  delivered  in  at  the  table, 
and  read  by  the  president  or  clerk,  before  the  same  shall 
be  debated  ;  but  it  may  be  withdrawn  at  any  time  before 
decision  or  amendment. 

7th.  While  a  question  is  before  the  senate,  no  motion 
shall  be  received  unless  for  an  amendment,  for  postpon- 
ing it,  to  commit  it,  or  to  adjourn  ;  and  a  motion  for  ad- 
journment shall  always  be  in  order,  and  shall  be  decided 
without  debate. 


64  Rules  and  Orders  of  the  Senate. 

8th.  If  the  question  in  debate  contain  several  points, 
any  member  may  have  the  same  divided. 

9th.  A  motion  for  commitment,  until  it  is  decided, 
shall  preclude  all  amendments  of  the  main  proposition. 

10th.  Every  bill  shall  be  introduced  by  motion  for 
leave,  or  by  order  of  the  senate  on  the  report  of  a  com- 
mittee ;  and  one  day's  notice  at  least  shall  be  given  of  an 
intended  motion  for  leave  to  bring  in  a  bill. 

llth.  Every  bill  shall  receive  three  readings  previous 
to  its  being  passed,  and  the  President  shall  give  notice  at 
each,  whether  it  be  the  first,  second,  or  third ;  which 
readings  shall  be  on  three  different  days,  unless  the  Sen- 
ate unanimously  direct  otherwise.  No  bill  shall  be  amen- 
ded or  committed  until  it  shall  have  been  twice  read  ;  and 
all  resolutions  to  which  a  concurrence  of  the  House  of 
Assembly  is  requisite,  shall  be  treated  in  the  form  of  pro- 
ceedings on  them  in  a  similar  mariner  with  bills,  except 
that  it  shall  not  be  necessary  to  commit  such  resolutions 
to  a  committee  of  the  whole. 

12th.  Upon  a  division  in  the  Senate,  the  names  of  those 
who  vote  for  or  against  a  question  shall  be  entered  alpha- 
betically on  the  minutes,  if  two  members  require  it;  and 
each  member  called  upon,  unless  for  special  reasons  he 
be  excused  by  the  Senate,  shall  declare,  openly  and  with- 
out debate,  his  assent  or  dissent  to  the  question. 

13th.  The  President  shall  appoint  all  ordinary  com- 
mittees, who  shall  consist  of  three  members,  unless  a 
different  number  shall  be  directed  by  the  Senate. 

14th.  Informing  a  committee  of  the  whole  senate,  a 
chairman,  to  be  named  by  the  President,  shall  preside. 

loth.  The  rules  of  the  senate  shall  be  observed  in  the 
committee  of  the  whole,  so  far  as  they  may  be  applicable, 
except  limiting  the  number  of  times  of  speaking,  and 
except  that  the  ayes  and  noes  shall  not  be  taken. 

16th.  A  motion  that  the  committee  rise,  shall  always 
be  in  order,  and  shall  be  decided  without  debate. 

17th.  No  amendment  shall  be  received  for  discussion 
at  the  third  reading  of  any  bill,  resolution,  or  amendment 
to  the  constitution,  unless  by  unanimous  consent ;  but  it 
shall  at  all  times  be  in  order  before  the  final  passage  of 
any  bill,  resolution  or  constitutional  amendment,  to  move 
its  commitment  or  its  recommitment. 


Of  the  State  of  New-  York.  65 

18th.  When  a  member  shall  be  called  to  order,  he 
shall  sit  down  until  the  president  shall  have  determined 
whether  he  is  in  order  or  not ;  and  every  question  of  or- 
der shall  be  decided  by  the  president,  subject  to  an  ap- 
peal to  the  senate  by  any  two  members ;  and  if  a  mem- 
ber be  called  to  order  for  words  spoken,  the  exceptiona- 
ble words  shall  be  immediately  taken  down  in  writing, 
that  the  president  or  the  senate  may  be  better  enabled  to 
judge  of  the  matter. 

19th.  When  a  blank  is  to  be  filled,  and  different  sums 
or  times  shall  be  proposed,  the  question  shall  be  first 
taken  on  the  highest  sum  and  the  longest  time. 

20th.  No  member  shall  absent  himself  from  the  service 
of  the  senate,  without  leave  first  obtained ;  and  in  case  a 
less  number  than  a  quorum  of  the  senate  shall  convene, 
they  are  hereby  authorised  to  send  the  sergeant  at  arms, 
or  any  other  person,  for  any  or  all  absent  members,  as 
the  majority  of  such  persons  present  shall  agree. 

21st.  Before  any  petition  or  memorial  addressed  to 
the  senate  shall  be  received  or  read,  a  brief  statement  of 
the  contents  thereof,  shall  be  endorsed  on  the  same, 
with  the  name  of  the  member  introducing  it. 

22d.  WThen  a  question  has  been  once  put  and  decided, 
it  shall  be  in  order  for  any  member  to  move  for  the  re- 
consideration thereof;  but  no  motion  for  the  reconsider- 
ation of  any  vote  shall  be  in  order,  after  the  bill,  resolu- 
tion, message,  report,  amendment,  or  motion,  upon 
which  the  vote  was  taken,  shall  have  gone  out  of  the  pos- 
session of  the  senate,  nor  after  the  usual  message  shall 
haVe  been  sent  from  the  senate,  announcing  its  decision  ; 
nor  shall  any  motion  for  reconsideration  be  in  order,  un- 
less made  on  the  same  day  in  which  the  vote  was  taken,  or 
within  the  three  next  days  of  the  actual  session  of  the 
senate  thereafter ;  nor  shall  any  question  be  reconsidered 
more  than  once  ;  and  the  vote  on  the  final  passage  of  any 
bill  appropriating  the  public  monies,  or  property,  or  cre- 
ating, continuing,  altering,  or  renewing  any  body  politic 
or  corporate,  shall  not,  in  any  case,  be  reconsidered. 

23d.  The  following  standing  committees,  to  consist  of 
three  members  each,  shall  be  appointed  by  the  president, 
at  the  commencement  of  each  session  : — 1st,  on  claims ; 
2d,  on  finance ;  3d,  on  the  judiciary  ;  4th,  on  the  militia : 


66  Rules  and  Orders  of  the  Senate 

5th,  on  canals ;  6th,  on  roads  and  bridges ;  7th,  on  lite- 
rature ;  8th,  on  the  state  prisons ;  9th,  on  banks  and  in- 
surance companies ;  10th,  on  the  division  of  counties  and 
towns;  llth,  on  agriculture;  12th,  on  manufactures; 
13th,  on  privileges  and  elections  ;  14th,  on  enrolled  bills ; 
15th,  on  Indian  affairs  ;  16th,  on  expiring  laws,  to  report 
such  as  have  expired,  or  are  near  expiring,  and  what 
new  laws  they  may  conceive  necessary.  The  commit- 
tee of  enrollment  shall  examine  all  bills,  amendments, 
and  resolutions,  before  they  go  out  of  possession  of  the 
senate,  and  make  report  when  they  find  them  correctly 
engrossed.  And  it  shall  be  the  duty  of  that  committee, 
or  any  one  of  them,  to  present  such  bills  as  shall  have 
originated  in  the  senate,  and  been  passed  by  both  houses, 
to  the  governor,  and  to  report  the  fact  to  the  senate, 
which  report  shall  be  entered  on  the  journals, 

24th.  When  an  amendment  to  the  constitution,  or  any 
bill  requiring  the  concurrence  of  two-thirds  of  the  sena- 
tors, is  under  consideration,  the  concurrence  of  two- 
thirds  shall  not  be  requisite  to  decide  any  question  for 
amendments,  or  extending  to  the  merits,  being  short  of 
the  final  question. 

25th.  The  question  on  the  final  passage  of  all  bills 
which,  by  the  constitution,  require  the  assent  of  two- 
thirds  of  the  senators,  and  of  all  amendments  to  the  con- 
stitution, requiring  such  assent,  shall  be  taken  on  a  di- 
vision, and  entered  on  the  journals ;  and  unless  twenty- 
two  members  vote  in  the  affirmative,  the  bill  or  amend- 
ment shall  be  declared  lost ;  and  whenever  such  bill  or 
amendment  shall  receive  the  assent  of  two-thirds,  as 
aforesaid,  the  president  shall  certify  the  fact  upon  the 
said  bill  or  amendment ;  and  he  shall  certify  the  passage 
of  all  other  bills. 

26th.  On  a  motion  made  and  seconded  to  shut  the 
doors  of  the  senate,  on  the  discussion  of  any  business 
which  may,  in  the  opinion  of  any  member,  require  se- 
crecy, the  president  shall  direct  all  persons,  excepting 
the  members  and  clerk  of  the  senate,  to  withdraw ;  and 
during  the  discussion  of  said  motion,  the  doors  shall  re- 
main shut ;  and  every  member  and  officer  of  the  senate 
*hall  keep  secret  all  such  matters,  proceedings,  and 
things,  whereof  secrecy  shall  be  enjoined  by  order  of 
the  senate. 


Of  the  State  of  New-Turk.  07 

27th.  Whenever  the  senate  shall  go  into  the  consider- 
ation of  executive  business,  the  president  shall  direct  the 
gallery  to  be  cleared,  and  the  doors  to  be  closed;  and 
the  proceedings  of  the  senate,  in  such  business,  shall  be 
kept  in  a  separate  journal,  which  shall  not  be  inspected 
by  any  others  than  members  of  the  senate,  until  the  end 
of  the  then  meeting  of  the  legislature,  at  which  time  the 
•same  shall  be  public,  and  the  clerk  of  the  senate  may 
thereafter  furnish  extracts  from  the  same  at  the  request 
of  any  citizen. 

28th.  When  nominations  to  office  shall  be  made  by  the 
governor,  a  future  day  for  taking  them  into  consideration, 
shall  be  assigned,  unless  the  senate  unanimously  direct 
otherwise. 

29th.  All  information  and  remarks  by  any  senator 
concerning  the  character  or  qualifications  of  any  per- 
son nominated  to  office  by  the  governor,  shall  be  kept 
secret. 

30th.  When  a  bill  originated  in  the  assembly  shall 
have  been  lost  there,  neither  the  same,  or  any  other  bill 
on  the  same  subject,  and  containing  similar  provisions, 
shall  be  subsequently  introduced  into  the  senate,  during 
the  same  session,  unless  by  unanimous  consent. 

31st.  No  person  is  to  be  admitted  within  the  bar  of 
the  senate,  except  the  governor,  the  present  and  former 
chancellors  and  judges  of  the  supreme  court,  the  cir- 
cuit judges,  present  and  former  members  of  congress 
and  of  the  legislature  of  this  state,  the  comptroller,  the 
treasurer,  the  secretary,  the  attorney-general,  the  sur- 
veyor-general, the  governor's  private  and  military  sec- 
retary, the  adjutant-general,  the  officers  of  the  senate 
and  assembly,  and  such  reporters  as  the  president  shall 
permit. 

32d.  None  but  members  shall  be  allowed  to  take  any 
books  or  stationary  belonging  to  the  senate,  from  their 
chamber ;  and  on  taking  books,  the  members  shall  fur- 
nish to  the  clerk  a  list  of  those  taken,  and  his  name,  and 
shall  be  responsible  for  them.  And  the  clerk  shall  take 
care  that  once  in  each  week  the  books  provided  for  the 
use  ol  the  senate,  shall  be  placed  in  order,  according  to 
some  fixed  arrangements ;  and  he  shall  make  report  to 
the  president  of  such  books  as  are  missing. 


68  Rules  and  Orders  of  the  Senate 

33d.  The  President  shall  cause  the  clerk  of  the  senate 
to  make  a  list  of  all  bills,  resolutions,  reports  of  commit- 
tees, and  other  proceedings  of  this  house  which  are  com- 
mitted to  a  committee  of  the  whole  senate,  and  which 
are  not  made  the  order  of  the  day  for  any  particular  day, 
which  list  shall  be  called  "  the  general  orders  of  the  day." 

34th.  When  the  senate  has  proceeded  to  the  general 
orders  of  the  day,  no  other  business  shall  be  in  order, 
until  the  general  orders  shall  have  been  disposed  of,  by 
laying  them  upon  the  table,  or  postponing  them. 

35th.  All  the  unfinished  business  of  the  preceding  day 
shall  have  preference  to  any  other. 

36th.  No  standing  rule  or  order  of  the  senate  shall  be 
rescinded,  suspended,  or  changed,  without  one  day's  no- 
tice being  given  of  the  motion  therefor;  and  no  motion  to 
that  effect,  shall  be  in  order,  without  such  notice.  Arid 
no  alteration  or  suspension  of  any  rule  shall  take  place 
without  the  assent  of  two-thirds  of  the  senators  present. 

January  19,  1825. 


RULES  OF  THE  COURT 

FOR  THE 


AND  THE 
CORRECTION  OF  ERRORS. 

Proposed  by  His  Honor  Chancellor  Kent-,  and  adopted  at 
the  city  of  Albany,  the  ISth  of  September,  1818. 

1.  The  plaintiff  in  error  shall  cause  the  writ  of  error, 
with  the  transcript  of  the  judgment  or  proceedings  on 
which  the  writ  of  error  is  founded,  to  be  returned  pur- 
suant to  the  directions  of  the  statute,   or  lose  the  benefit 
of  the  said  writ,  unless  this  court  shall  see  cause  to  allow 
such  plaintiff"  a  further  day  for  that  purpose. 

2.  If  the  plaintiff  in  error  shall  allege  diminution  of 
the  record,  it  shall  be  done  on  the  day  the  writ  of  error 
shall  be  returned,  or  within  eight  days  thereafter,  and 
shall  thereupon  apply  to  the  clerk  of  this  court  for  a 
certiorari  to  certify  the  diminution  alleged,    which  the 
clerk  shall  issue  of  course  and  without   special  order, 
which  certiorari  the  plaintiff  in  error  shall  cause  to  be 
duly  returned  within  twelve  days,  or  shall  lose  the  bene- 
fit thereof,  unless  this  court  shall  see  cause  to  allow  a 
further  day  for  that  purpose. 

3.  That  the  plaintiff  in  error,  on  the  day  the  writ  of 
error  shall  be  returned,  with  the  transcript  of  the  record 
or  proceedings,  if  diminution  shall  not  be  alleged,  and  if 
diminution   shall  be  alleged,  then  on  the  return  day  of 
the  certiorari,  shall  assign  errors  and  file  the  same  with 
the  clerk,  or  in  default  thereof  the  plaintiff  in  error  shall 
lose  the  benefit  of  the  writ,  unless  this  court  shall  see 
cause  to  allow  further  time  for  that  purpose  ;   and  the 
defendant  in  error  may  thereupon,  on  motion,  obtain  an 
order  that  such  writ  of  error  be  dismissed  with  costs  to 
be  taxed. 

4.  That  when  the  plaintiff  in  error  shall  have  filed  an 
assignment  of  errors  with  the  clerk  of  this  court,  an  or- 
der may  be  thereupon  entered  by  the  plaintiff  in  error  as 
of  course,  for  the  defendant  to  join  in  error  in  eight  days 
after  the  service  of  a  copy  thereof,  or  be  precluded:  and 

G 


70  Rules  of  the  Court 

if  the  defendant  in  error  shall  not  comply  with  the  said 
order,  he  shall  be  precluded  from  joining  in  error,  and 
the  plaintiff  in  error  may  take  judgment  by  default. 

5.  That  in  every  cause  upon  a  writ  of  error,  the  plain- 
tiff in  error  shall  make  a  case  for  the  use  of  this  court, 
on  the  argument  thereof,  and  furnish  to  each  member  of 
this  court  a  printed  copy  of  such  case,  on  or  before  the 
clay  of  hearing,  or  in  default  thereof  the  plaintiff  in  error 
shall  not  be  heard  in  support  of  the  errors  assigned. 

6.  The  case  to  be  made  and  printed  upon  a  writ  of 
error,   shall  consist  of  the  record  or  proceeding   upon 
which  the  writ  is  brought,  and  the  errors  assigned,  to 
which  each  party  may  add  briefly  the  points  or  reasons 
upon  which  they  intend  to  rely  in  argument. 

7.  That  in  cases  of  appeals,  the  petition  of  appeal  ad- 
dressed to  this  court  shall  be   filed  in  the  office  of  the 
register  or  assistant  register,  with  whom  the  decree,  or 
order  appealed  from,  shall  have  been  entered ;  which 
petition,  when  filed  in  the  recess  of  this  court,  shall  pray 
that  the  decree,  decretal,  or  other  order  appealed  from, 
may  be  sent  to  this  court  on  the  first  day  of  the  next  ses- 
sion thereof,  and  when  filed  during  the  sitting  of  this 
court,  the  same  shall  pray  that  the  decree,  decretal,  or 
other  order  appealed  from,  may  be  sent  to  this  court 
without  delay. 

8.  That  in  every  such  petition  of  appeal,  it  shall  b6 
sufficient  to  set  forth  the  decree,  decretal,  or  other  order 
appealed  from,  without  reciting  the  pleadings  in  the 
cause,  and  stating  that  the  said  decree,  decretal,  or  oth- 
er order,  so  appealed  from,  or  some  part  thereof,  (spe- 
cifying what  part  or  parts)  is  erroneous,  and  that  the 
same  ought  to  be  reversed  or  modified,  as  the  case  may 
be. 

9.  That  the  officer  of  the  court  of  chancery,   with 
whom  such  petition  of  appeal  shall  be  filed,  shall  make 
and  annex  to  the  said  petition  of  appeal  the  decree,  de- 
cretal, or  other  order  appealed  from,  and  such  other  or- 
ders as  may  be  required  to  be  returned  to  this  court, 
without  any  of  the  pleadings,  proofs  and  exhibits  in  the 
cause  ;  and  in  case  the  cause  had  been  set  down  for  hear- 
ing and  heard  prior  to  the  decree  or  order  appealed  from, 
then  he  shall  cause  to  be  annexed  also  a  copy  of  the  min- 


For  the  Correction  of  Errors.  7 1 

utes  taken  by  the  register,  or  assistant  register,  respect- 
ing what  was  read  or  used  in  the  court  below,  or  offered 
and  overruled  on  objection,  or  admitted  at  the  hearing  ; 
authenticated  copies  of  which  pleadings,  proofs,  and  ex- 
hibits, or  such  of  them  as  may  be  relied  on  by  either  par- 
ty, shall  be  produced  at  the  hearing  by  the  parties. 

10.  That  the  party  appealing  shall,   in  every   case, 
cause  the  petition  of  appeal,  with  the  matter  to  be  annex- 
ed to  the  same,  as  aforesaid,  to  be  brought  into  this  court, 
and  filed  with  the  clerk  thereof,  by  the  day  mentioned  in 
such  petition,  or  when  duly  prepared  by  the  officer  as 
before  directed,  or  in  default  thereof  shall  lose  the  bene- 
fit of  such  appeal,  unless  this   court  shall  see  cause  to 
allow  a  further  day  for  that  purpose. 

1 1 .  That  on  the  petition  of  appeal  being  filed,  as  afore- 
said, the  appellant  may  thereupon,  as  of  course,  obtain 
an  order  for  the  respondent  to  answer  the  petition  of 
appeal  in  eight  days   after  service  of  a  copy  thereof,  or 
be  precluded ;  and  if  the  respondent  shall  not  comply 
with  the  said  order,  he  shall  be  precluded  from  answer- 
ing the  petition  of  appeal,  and  the  appellant  may  pro- 
ceed to  take  such  decree  as  the  case  may  require. 

12.  That  previous  to  any  argument  of  counsel  upon 
any  appeal,   a  state  of  the  case  of  each  party,  as  it  ap- 
pears on  the  pleadings  and  proofs,   and  to  be  signed  by 
their  respective  counsel,  shall  be  delivered  to  each  mem- 
ber of  the  court. 

13.  That  in  cases  of  writs  of  error,  the  attornies  for 
the  parties  respectively,  and  in  cases  of  appeals,  the  so- 
licitors for  the  respective  parties,  in  the  courts  below, 
shall  be  deemed  the  attornies  and  solicitors  for  them  res- 
pectively in  all  the  proceedings  on  such  writs  of  error,  or 
appeals  in  this  court,  under  these  rules,  unless  a  new 
attorney  or  solicitor   shall   have  been  employed  in  this 
eourt  and  notice  thereof  given. 

14.  That  all  causes  which  have  been  put  at  issue  in 
this  court,  and  ready  for  argument,  but  not  argued  dur- 
ing the  session  thereof,    and  consequently  continued  to 
the  next  session,  shall  be  deemed  to  be  set  down  for  ar- 
gument for  the  first  day  of  such  next  session ;  and  the 
clerk  of  this  court  shall  make   a  list  thereof,  arranging 
them  in  the  order  in  which  the  joinder  in  error,  or  an- 


72  Rules  of  the  @ourt 

swer  to  the  petition  of  appeal  therein  was  filed,  and  a  list 
of  all  causes,  whether  on  writs  of  error  or  appeal,  which 
shall  be  put  at  issue  during  the  session  of  this  court,  shall 
in  like  manner  be  made  by  the  clerk  and  added  to  the  list ; 
and  when  this  court  shall  be  ready  to  proceed  to  the  hear- 
ing of  causes,  the  same  shall  be  called  in  the  order  in 
which  they  stand  on  the  list. 

15.  When  any  cause  put  in  the  list  as  aforesaid,  shall 
have  been  twice  called  and  passed  in  consequence  of  the 
plaintiff  in  error,  or  appellant,  not  being  in  readiness  to 
proceed  with  the   argument  thereof,   the  defendant  in 
error  shall  be  entitled  to  a  judgment  of  non  pross  of  the 
writ  of  error,  and  the  respondent  to  a  decree  dismissing 
the   appeal,  as  the  case  may  be,  with  costs,  unless  this 
court  on  good  cause  shown  shall  otherwise  order. 

16.  That  the  remittitur,  in  case   of  a  writ  of  error, 
shall  contain  a  copy  of  the  judgment  of  this  court  an- 
nexed to  the  writ  of  error,  and  the  transcript  of  the 
record  of  proceedings,  as  brought  into  this  court,  under 
the  seal  of  this  court,  and  signed  by  the  clerk  thereof; 
and  the  remittitur,  in  case  of  an  appeal,    shall  contain 
a  copy  of  the  decree  or  order  of  this  court  annexed  to  the 
petition  of  appeal,  and  the  matters  thereto  annexed  as 
brought  into  this  court,  under  the   seal  of  this  court, 
and  signed  by  the  clerk  thereof. 

17.  That  all  costs  awarded  by  this  court,  in  causes 
upon  writs  of  error  or   appeal,   shall  be  taxed  by  the 
chancellor  or  a  judge  of  the  supreme  court,  and  inserted 
in  the  judgment  of  this  court,  and  form  part  of  the  re- 
mittitur, for  which  costs  the  supreme  court  shall  award 
execution  according  to  the  course  of  that  court ;  and  all 
costs  awarded  by  this  court,  in  cases  upon  appeals,  shall 
be  taxed  in  like  manner,  and  the  court  shall  award  exe- 
cution for  the  same,  or  enforce  payment  thereof,  accord- 
ing to  the  course  and  practice  of  that  court. 

18.  That  no  member  of  this  court  shall,  as  attorney, 
solicitor,  or  counsel,  be  concerned  in  or  argue  any  cause 
in  this  court,  either  upon  error  or  appeal,  unless  such 
member  was,  without  reference  to  this  court,  actually 
retained  and  employed  in  the  cause  in  the  court  below, 
before  the  judgment  or  decree  on  which  the  writ  of  error 
or  appeal  is  founded  was  rendered  :  provided,  however, 


For  the  Correction  of  Error  j.  73 

that  this  rule  shall  not  extend  to  causes  in  which  any 
member  of  this  court  was  actually  retained  as  attorney, 
solicitor  or  counsel,  previous  to  the  adoption  thereof. 

19.  That  at  the  hearing  of  causes  on  appeal  or  writs 
of  error,  not  more  than  one  counsel  shall  open  the  argu- 
ment, and  no  more  than  two  counsel  shall  answer,  and 
no  more  than  one  counsel  shall  reply  or  close,  except  in 
special  cases  on  appeal,  where  there  are  distinct  parties 
on  the  same  side  having  distinct  interests  in  question. 

20.  That  special  motions  shall  require  a  notice  to  the 
opposite  party  of  such  motion,  to  be  duly  served   two 
days  at  least  before  the  motion  is  to  be  made. 

21.  That  in  all  cases  on  error  and  appeal  brought  into 
this  court,  the  judges  in  cases  of  writs  of  error,  and  the 
chancellor  in  case.'  of  appeal,  shall  give  the  reasons  for 
their  judgment  or  decree,  immediately  after  the  reading  of 
the  record  or  decree,  and  before  any  counsel  in  the  cause 
is  heard. 

22.  That   when    an    appeal  from  any  decree  of  the 
chancellor  shall  be  heard  in  this  court,  the  chancellor 
•may  state  his  opinion  upon  eve  7"  matter  that  shall  arise 
on  such  hearing,  but  shall  not  have  a  voice  in  the  decision 
of  the  court  on  any  question  whatever  arising  on  such 
appeal ;  and  that  when  a  cause  shall  be  brought  into 
this  court  by  ^i  writ  of  error  on  the  question  of  law  in  a 
judgment  of  the  supreme  court,  the  judges  of  such  court 
may  severally  state  their  opinions  upon   every  matter 
that  may  arise  on  such  hearing,  but  shall  not  have  a 
voice  in  the  decision  of  the  court  on  any  question  what- 
ever arising  in  the  cause  so  brought  into  this  court. 

23.  That  hereafter  it  shall  be  the  duty  of  the  appel- 
lant or  plaintiff  in  error  in  this  court,  to  deliver  a  copy 
of  the  opinion  of  the  chancellor  or  supreme  court  to 
each  member,  as  an  appendix  to  his  case,  previous  to 
the  argument  thereof. 

24.  That  in  cases  not  already  provided  for,  the  practice 
of  this  court  shall  be  similar  to  the  practice  of  the  court 
of  exchequer  chamber  in  England  ;  and  that  on  appeals 
it  shall  be  conformable  to  that  of  the  house  of  lords  in 
England,  when  sitting  as  a  court  of  appeals,  until  further 
order  ;  and  that  all  former  rules  made  by  this  court  reia-. 
live  to  its  practice  b*  vacated. 


RULES  AND  ORDERS 

OF  THE 

ASSEMBLY 

OF  THE 

STATE  OF  NEW-YORK. 

1.  Upon  the  appearance  of  a  quorum,  the  speaker 
shall  take  the  chair,  and  the  members  shall  be  called  to 
order. 

2.  Immediately  after  the  speaker  shall  have  taken  the 
chair,  the  minutes  of  the  preceding  day  shall  be  read  by 
the  clerk,  to  the  end,  that  any  mistakes  therein  may  be 
corrected  by  the  house. 

3.  The  speaker  shall  preserve    order  and  decorum, 
and  shall  decide  questions  of  order,  subject  to  an  appeal 
to  the  house  :  he  shall  have  the  right  to  name  any  mem- 
ber to  perform  the  duties  of  the  chair,  but  such  substitu- 
tion shall  not  extend  beyond  an  adjournment. 

4.  The  speaker  shalV  not  vote  in    any  case,  unless 
where  the  vote  shall  be  by  ballot ;  or  when  the   House 
shall  be  equally  divided  ;  or  when  his  vote  added  to  the 
minority,  shall  make  an  equal  division  ;  and  in  case  of 
such  equal  division,  the  question  shall  be  lost. 

5.  When  the  house  adjourns,  the  members  shall  keep 
their  seats  until  the  speaker  leaves  the  chair. 

6.  Every  member,  previous  to  his  speaking,  shall  rise 
from  his  seat,  and  address  himself  to  the  speaker. 

7.  When  two  or  more  members  rise  at  once,  the  speak- 
er shall  name  the  member  who  is  first  to  speak. 

8.  No  member  shall  speak  more  than  twice  to  the  same 
question  without  leave  of  the  house  ;  nor  more  than  once, 
until  every  member,  choosing  to  speak,  shall  have  spoken. 

9.  No  motion  shall  be  debated  or  put,  unless  the  same 
be  seconded.     When  a  motion  is  seconded,  it  shall  be 
stated  by  the  Speaker,  before  debate ;  and  every  such 
motion  shall  be  reduced  to  writing,  if  the  speaker,  or 
any  member,  desire  it. 

10.  Alter  a  motion  is  stated  by  the  speaker,  it  shall 
be  deemed  to  be  in  possession  of  the  house ;  but  may  be 
withdrawn  at  any  time  before  decision  or  amendment. 


Rules  and  Orders  of  the  Assembly.  75 

11.  When  a  question  is  under  debate,  no  motion  shall 
be  received,  unless  to  amend  it ;  to  lay  it  on  the  table ;  to 
commit  it :  to  postpone  it  to  a  day  certain  ;  for  the  pre- 
vious question ;  or  to  adjourn. 

12.  A  motion  to  adjourn  shall  be  always  in  order,  and 
shall  be  decided  without  debate. 

13.  The  previous  question,  until  it  is  decided,  shall 
preclude  all  amendment  and  debate  of  the  main  questionf 
and  shall  be  decided  in  this  form — Shall  the  main  question 
be  now  put  1 

14.  No  member  shall  speak  more  than  once,  without 
leave,  upon  a  previous  question. 

15.  A  motion  for  commitment,  until  it  is  decided,  shall 
preclude  all  amendment  of  the  main  question. 

16.  Every  order,  resolution,   and  vote,   to  which  the 
concurrence  of  the  Senate  shall  be  necessary,  shall  be 
read  to  the   House,  and  laid  upon  the  table,  on  a  day 
preceding  that  in  which  the  same  be  moved,  unless  the 
house  shall  otherwise  allow. 

17.  Petitions,  memorials,  and  other  papers,  addressed 
to  the  house,  shall  be  presented  by  the  Speaker,  or  by  a 
member  in  his  place. 

18.  Every  member  who  shall  be  present  when  a  ques- 
tion is  stated  from  the  chair,  shall  vote  for  or  against  the 
same,  unless  trie  house  shall  excuse  him,  or  unless  he  be 
immediately  interested  in  the  question ;  in  which  case  he 
shall  not  vote  ;  but  no  member  shall  be  permitted  to  vote 
upon  any  question,  un'ess  present  when  his  name  is  called 
upon  a  division  in  i's  iegular  order. 

19.  While  the  speaker  is  putting  a  question,  no  mem- 
ber shall  walk  out  of,  or  across  the  house ;  nor  when  a 
member  is  speaking,  shall  any  member  entertain  any  pri- 
vate discourse,  or  pass  between  him  and  the  chair. 

20.  A  member  called  to  order,  shall  immediately  sit 
down,  unless   permitted  to   explain ;  and  the  house,  if 
appealed  to,  shall  decide  on  the  case,  but  without  debate  ; 
if  there  be  no  appea',  the  decision  of  the  chair  shall  be 
submitted  to. 

21.  Every  bill  shall  be  introduced  by  motion  for  leave, 
«r  by  an  order  of  the  house  on  the  report  of  a  committee  ; 
>and  one  day's  notice,  at  least,  shall  be  given  of  a  motion 
to  bring  in  a  bill,  unless  the  house  unanimously  allow 


T61  Rules  and  Orders  of  the  Assembly 

the  same  to  be  brought  in  without  such  previous  notice. 

22.  The  printed  copies  of  bills  which  are  brought  into 
this  house,  by  any  member  or  committee,  and  ordered  to 
be  printed,  shall  contain  the  name  of  the  member  or 
committee  bringing  in  or  "reporting  such  bill. 

23.  Every  bill  shall  receive  three  several  readings, 
previous  to  its  being  passed ;  and  the  second  and  third 
reading  shall  be  on  different  days  :  and  the  third  reading 
shall  be  on  a  day  subsequent  to  that  on  which  it  has  pas- 
sed a  committee  of  the  whole  house,  unless  the  house 
unanimously  direct  otherwise. 

24.  No  bill  shall  be  committed  or  amended  until  it  has 
been  twice  read. 

26.  In  forming  a  committee  of  the  whole  house,  thd 
speaker  shall  leave  the  chair,  and  a  chairman  shall  b0 
appointed  to  preside. 

26.  Bills  committed  to  a  committee  of  the  whole  house, 
shall  be  first  read  through  by  the  clerk,  and  then  read 
and  debated  by  clauses,  leaving  the  preamble  to  be  last 
considered  :  all  amendments  shall  be  entered  on  a  sepa- 
rate piece  of  paper,  and  so  reported  to  the  house  by  the 
chairman,  standing  in  his  place ;  alter  the  report,    the 
bill  shall  be  subject  to  debate  and  amendment,  belore  the 
question  to  engross  it  be  taken. 

27.  All  questions,  whether   in   committee,    or  in  the 
house,  shall  be  put  in  the  order  they  were  moved  ;  except 
that  in  filling  up  blanks,  the  largest  sum  and  longest  time 
shall  be  first  put. 

28.  A  similar  mcde  of  proceeding  shall  be  observed 
with  bills  which  have  originated  in,  and  have  passed  the 
senate,  as  with  bills  originating  in  the  house. 

29.  When  a  bill  passes  the  house,  tLe  speaker  fchall  ccr» 
tify  the  same,  with  the  date  thereof  at  the  lootot  the  bill* 

30.  Upon  a  division,  the  names  ol  those  who  vute  tor, 
and  those  who  vote  against  the  question,  shall  be  entered 
upon  the  minutes,  if  any  ten  members  require  it. 

31.  The  order,  of  the  day  shuil  have  the  preference  to 
any  motion  before  the  house. 

32.  A  motion  that  the  chairman  leave  the  chair,  shall 
always  be  in  order,  and  shall  take  place  of  any  otiier 
motion. 


Of  the  State  of  New-York  77 

33.  In  the  absence  of  a  quorum,  the  speaker  may  ad- 
journ the  house  until  the  next  sitting  day ;  or  if  in  com- 
mittee of  the  whole,  the  committee  may  rise  and  report 
progress. 

34.  No  motion  for  reconsideration   shall  be  in  order, 
unless  on  the  same  day,  or  day  following  that  on    which 
the  decision  proposed  to  be  reconsidered  took  place,  nor 
unless  one  of  the  majority  shall  move  such  reconsidera- 
tion,    A  motion  for  reconsideration  being  put  and  lost, 
shall  not  be  renewed ;  nor  shall  any  subject  be  a  second 
time  reconsidered,  without  unanimous  consent. 

35.  The  rules  of  the  house  shall  be  observed  in  a  com- 
mittee of  the  whole  house,  except  the  rules  respecting 
division,  and  limiting  the  times  of  speaking. 

36.  Select  committees  to  whom  references  shall   be 
made,  shall  in  all  cases  report  a  state  of  facts,  and  also 
their  opinions  thereon,  to  the  house. 

37.  That  in  all  cases  where  a  bill,  order,  resolution  or 
motion,  shall  be  entered  on  the  journals   of  this  house, 
the  name  of  the  member  moving   the  same  shall  also  be 
entered  on  the  journals. 

38.  Every  message  from  the   honourable  the   senate, 
communicating  any  bill  for  the  concurrence  of  this  house, 
shall,  after  the  second  reading  of  the  said  bill,  be  refer- 
red to  a  select  committee,  with  the  accompanying  docu- 
ments, if  any,  to  consider  arid  report  thereon. 

39.  The  speaker  shall  cause  the  clerk  of  this  house  to 
make  a  list  of  all  bills,  resolutions,  reports  of  committees, 
and  other  proceedings  in  this  house,  which  are  committed 
to  a  committee  of  the  whole  house,  and   which  are  not 
made  the  order  of  the  day  for  any  particular  day ;  which 
list  shall  be  called  "  the  general  orders  of  the  day." 

40.  On  the  meeting  of  the  house,  after  the  reading  of 
the  journal,  the  presentation  of  petitions  shall  be  first  in 
order ;  and  it  shall  be  the  duty  of  the  speaker  to  call  for 
the  same  ;  and  when  the  petitions  have  been  disposed  of, 
reports,  first  from  standing  committees,  then  from  select 
committees,  shall  be  called  for  and  disposed  of,  which 
business  shall  be  done  at  no  other  part  of  the  day,  except 
by  permission  of  the  house. 

41.  When  the  ho:ise  have  proceeded  to  the    "  general 
orders  of  the  day,"  no  other  business  shall  b&  in  order. 


78  Mules  and  Orders  of  the  Assembly 

until  the  house  have  disposed  of  the  same  by  laying  them 
upon  the  table,  or  by  postponing  them  until  the  next  day. 

42.  A  standing  committee  of  five  persons  shall  be  ap- 
pointed, to  be  called  "  the  committee  on  engrossed  bills," 
whose  duty  it  shall  be,  carefully  to  examine  all  bills  pas- 
sed by   this  house,  and  see  that  the  same  are  correctly 
engrossed,  and  report  the  same  to  the  house,  before  the 
same  are  signed  by  the  speaker. 

43.  Reports  from  the  committee  on  engrossed  bills, 
shall  at  all  times  be  in  order,  and  have  preference  to  any 
other  business. 

44.  All  the  unfinished  business  of  the  preceding  day, 
shall  have  preference  to  any  other,  except  special  orders 
of  the  day,  in  committee  of  the  whole. 

45.  No  private  bill  shall  be  brought  into  the  house,  but 
upon  a  petition  signed  by  the  parties  who  are  suitors 
therefor,  first  presented. 

46.  That  hereafter,  the  final  question  on  the  passage 
of  any  bill  appropriating  the  public  monies,  or  property, 
for  local  or  private  purposes,  or  creating,  continuing,  al- 
tering, or  renewing  any  body  politic,  or  corporate,  shall 
be  taken 'by  a  division;  and  unless  eighty-six  members 
shall  vote  in  the  affirmative,  the  bill  shall  be  declared  lost ; 
and  the  speaker  shall  certify  upon  all  such  bills  which  shall 
so  pass,  that  two-thirds  of  all  the  members  elected  to  this 
house,  voted  in  favor  of  the  same. 

47.  That  a  standing  committee  of  five  be  appointed,  on 
bills  coming  within  the  ninth  section  of  the    seventh  ar- 
ticle of  the  amended  constitution  of  this  state  ;  and  that 
when    any  bill  shall    have   passed  in  committee  of  the 
whole  house,  which  the  speaker  shall  suppose  to  be  with- 
in the  provisions  of  the  said  ninth  section,  or  on    which 
question  he  may  entertain  doubts,  it  shall  be  referred  to 
the  said  committee,  to  examine  and  report  thereon,  be- 
fore the  question  on  its  final  passage  shall  be  taken. 

48.  That  amendments  by  the  senate  to  all  bills  which 
have  passed  the  house,  shall  be  referred  to  an  appropri- 
ate select  or  standing  committee,  to  examine  and  report 
ihereon,  unless  the  house  shall  otherwise  expressly  allow. 

49.  The  final  reading  of  all  bills  which  require  the 
sanction  of  a  constitutional  majority,  shall  be  had  on 
Tuesday  or  Friday  in  every  week,  and  #B  BO  otkojr 


bf  the  State  of  New- York.  V.» 

until  otherwise  ordered,  except  by  unanimous  consent. 

50.  That  the  final  question  on  the  passage  of  any  bill 
requiring  a  constitutional   majority  of  this  house,  shall 
not  lie  deemed  to  be  decided,  unless  eighty-six  members 
are  present,  and  vote  on  the  question. 

51.  Every  member,  previous  to  presenting  a  petition 
or  memorial,  shall  endorse  on  the  same  the  substance 
thereof,  and  add  his  name  ;  the   clerk  shall  then   read 
the  endorsement,  after  which  the  speaker  shall  put  the 
question  on  the  reference  of  said  petion  or  memorial. 

52.  All  committees  shall  be  appointed  by  the  speaker, 
unless  otherwise    specially    directed   by   the  house,  in 
which  case  they  shall  be  appointed  by  ballot ;  and  if  upon 
such  ballot,  the  number  required  shall  not  be  elected  by 
a  majority  of  the  votes  given,  the  house  shall  proceed  to 
a  second  ballot,  in  which  a  plurality  of  votes  shall  pre- 
vail ;  and  in  case  a  greater  number  than  is  required  to 
compose  or  complete  a  committee,   shall  have  an   equal 
number  of  votes,  the  house  shall  proceed  to  a  further 
ballot  or  ballots. 

53.  On  a  motion  in  committee  of  the  whole  house  to 
rise  and  report,  the  question  shall  be  decided  without 
debate. 

54.  A  motion  to  reconsider  the  vote  Upon  the  final 
passage  of  any  bill  requiring  the  assent  of  two-thirds  of 
all  the  members  elected  to  this  house,  shall  be  made 
by  a  member  who  voted  against  the  bill ;  and  two-thirds 
of  the  members  elected  to*  this  house,  shall  be  required 
to  reconsider  the  same  ;  nor  shall  such  vote  be  a  second 
time  reconsidered. 

55.  All  questions  relating  to  the  priority  of  business, 
to  be  acted  on,  shall  be  decided  without  debate. 

56.  No  standing  riile  or  order  shall  be  rescinded  or 
changed,  without  one  day's  previous  notice  being   given 
of  the  motion  therefor;  nor  shall  the  54th  rule  be  alter- 
ed, without  two-thirds  of  the  members  elected  to  this 
house,  agree  tr  such  alteration. 

January  11,  1825. 


JOINT  RULES 

OF  THE 

SENATE  AKFD  ASSEMBLY, 

OF  THE 

STATE  OF  NEW-YORK. 

1.  Each  house  shall  transmit  to  the  other  all  papers 
on  which  any  bill  or  resolution  shall  be  founded. 

2.  When  a  bill  or  resolution  which  shall  have  passed 
in  one  house,  is  rejected  in  the  other,  notice  thereof  shall 
be  given  to  the  house  in  which  the  same  may  have  passed. 

3.  Messages  from  one  house  to  the  other,  shall  be  com- 
municated by  the  respective  clerks  of  each  house,  unless 
the  house  transmitting  the  message  shall  especially  direct 
otherwise. 

4.  It  shall  be  in  the  power  of  either  house  to  amend 
any  amendment  made  by  the  other,  to  any  bill  or  reso- 
lution. 

5.  In  every  case  of  a  difference  between  the  two  houses 
upon  any  subject  of  legislation,  either  house  may  request 
a  conference,  and  appoint  a  committee  for  that  purpose, 
and  the  other  shall  also  appoint  a  committee  to  confer. 
The  committees  shall  meet  at  such  hour  and  place  as 
shall  be  agreed  upon  by  their  chairman,  and  state  to 
each  other,  verbally  or  in  writing,  as  either  shall  choose, 
the  reasons  of  their  respective  houses,  and  confer  freely 
thereon.     And  they  shall  be  authorised  to  report  to  their 
respective  houses,  such  modifications  or  amendments  as 
they  may  think  advisable. 

6.  It  shall  be  in  order  for  either  house  to  recede  from 
any  subject  matter  of  difference  subsisting  between  the 
two  houses  at  any  time  previous  to  conference,  whether 
the  papers  on  which  such  difference  has   arisen  are  be- 
fore the  house  receding,  formally  or  informally,  and  that 
a  majority  shall  govern,  except  in  those  cases  where  two- 
thirds  are  required  by  the  constitution ;  and  the  question 
having  been  put  and  lost,  shall  not  be  again  put  on  the 
same  day?  and  the  reconsideration  thereof  shall  in  other 
respects  be  regulated  by  the  rules  of  the  respective  houses. 

7.  After  each  house  shall  have  adhered  to  their  disa- 


Joint  Rules  of  the  Senate  and  Assembly.          £1 

grcement,  the  bill  which  is  the  subject  of  difference, 
shall  be  deemed  lost,  and  shall  not  he  again  revived  dur- 
ing the  same  session  in  either  house. 

8.  The  same  bill  shall  not  create,    renew  or  continue 
more  than  one  incorporation,  nor  contain  any  provisions 
in  relation  to  the  altering  of  more  than  one  act  of  incor- 
poration, nor  shall  the  same  bill  appropriate  the  public 
money  or  property  to  more  than  one  local  or  private 
purpose.     And  bills  appropriating  money  for   the  pay- 
ment of  the  officers  of  government,  shall  be  confined  to 
that  purpose  exclusively. 

9.  Whenever  there  shall  be  a  ballot  for  officers  by  the 
two  houses,  the  result  shall  be  certified  by  the  president 
of  the  senate,  and  speaker  of  the  assembly,    and  shall 
be  reported  by  the  presiding  officer  of  eacfi.  house  to 
their   respective  houses,  and  be  entered  on  the  journals 
of  each,    and  shall  be    communicated  to  the  governor 
by  the  clerks  of  the  two  houses. 


AN  ACT 

Relative  to  Incorporations ,  and  the  Division  of  Counties* 

Passed  March  26,  1813. 

I.  Be  it  enacted  by  the  People  of  the  State  of  New-  York, 
represented  in  Senate  and  Assembly,  That  when  any  as- 
sociation shall  be  formed  for  any  purpose  whatever  after 
the  first  day  of  July  next,  shall  be  disposed  to  make 
application  to  the  legislature  for  an  act  of  incorporation, 
or  any  company  or  association  already  incorporated 
shall  be  disposed  to  make  application  for  any  alteration 
in  the  law  so  incorporating  them,  it  shall  be  the  duty  of 
the  persons  so  associated,  or  the  directors  or  stockhold- 
ers of  such  incorporation,  or  some  of  them,  to  signify 
such  their  intention  by  advertisement,  to  be  insertea  for 
at  least  six  weeks  successively  immediately  before  such 
application,  in  one  or  more  of  the  newspapers  printed  in 
the  county  where  the  objects  of  such  association  or  in- 
corporation is  carried,  or  intended  to  be  carried  into 
effect,  (and  also  in  the  newspaper  printed  by  the  printer 
to  this  state;)  and  if  no  newspaper  be  printed  in  such 

H 


82  Joint  Rules  of  the  Senate  and  Assembly. 

county,  then  in  the  newspaper  or  papers  nearest  to  the 
same,  and  shall  specify  the  objects  of  such  incorporation, 
the  amount  of  capital  stock  requisite  to  carry  their  ob- 
jects into  effect ;  and  in  case  of  an  application  for  any 
alteration  in  any  charter  already  granted,  it  shall  be  the 
duty  of  the  stockholders  or  directors  of  such  incorpora- 
tion, to  state  in  such  notice  specifically,  the  alteration  so 
to  be  applied  for ;  and  that  due  proot  shall  be  made  of 
such  notice  having  been  published,  previous  to  leave  be- 
ing given  to  bring  in  any  bill  to  comply  with  any  such 
application. 

II.  And  be  it  further  enacted.  That  the  like  notice 
shall  be  published  of  any  application  to  divide  any  coun- 
ty within  this  state,  or  to  erect  any  new  county  out  of 
parts  of  counties. 


AN  ACT 

Supplemental  to  an  act,  entitled11  An  Act  relative  tolncor- 
porations,  and  the  division  of  Counties." 

Passed  April  10,  1818. 

Be  it  enacted  by  the  People  of  the  State  of  New- 
York,  represented  in  Senate  and  Assembly,  That  from 
and  after  the  passing  of  this  act,  upon  all  applications 
intended  to  be  made  to  the  legislature  of  this  state,  for 
removing  any  court-house,  or  imposing  a  tax  for  the  lay- 
ing out,  making  or  improving  any  road,  in  or  through 
t}ie  several  counties  of  this  state,  or  for  any  local  pur- 
poses where  all  or  any  part  of  the  inhabitants  of  said 
counties  are  proposed  to  be  taxed,  it  shall  be  the  duty  of 
such  applicants  to  give  the  like  notice,  and  make  the 
same  proof  thereof,  as  is  prescribed  in  the  first  section 
of  the  act,  entitled  "  An  act  relative  to  incorporations, 
arid  the  division  of  counties,"  passed  March  26,  1813. 


THE  LEGISLATURE. 

SECTION  I. 

HOW    COMPOSED. 

THE  legislative  power  of  this  state  is  vested  in  a  Senate 
and  Assembly.  Const.  Art.  1.  Sec.  1. 

The  senate  consists  of  thirty  two  members,  each  chosen 
for  four  years,  and  must  be  freeholders.  Const.  Sec.  2. 
Art.  I. 

The  assembly  consists  of  one  hundred  and  twenty 
eight  members  who  are  annually  elected.  Const.  Sec,  2, 
of  Art.  1. 

No  minister  of  the  Gospel  can  be  a  member  of  either 
branch  of  the  legislature.  Const.  Art.  7.  Sec.  4. 

SECTION  II. 

ORGANIZATION. 

A  MAJORITY  of  each  house  shall  constitute  a  quorum 
to  do  business.  Each  house  shall  determine  the  rules  of 
its  own  proceedings,  and  be  the  judge  of  the  qualifica- 
tions of  its  own  members.  Each  house  shall  choose  its 
own  officers ;  and  the  senate  shall  choose  a  temporary 
president,  when  the  lieutenant-governor  shall  not  attend 
as  president,  or  shall  act  as  governor.  Const.  Art.  1. 
SM.  3. 

Each  house  shall  keep  a  journal  of  its  proceedings, 
and  publish  the  same,  except  such  parts  as  may  re- 
quire secrecy.  The  doors  of  each  house  shall  be  kept 
open  except  when  the  public  welfare  shall  require  se- 
crecy. Neither  house  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  two  days.  Const.  Art.  1. 
Sec.  4. 

Members  of  the  legislature,  and  all  officers,  executive 
and  judicial,  except  such  inferior  officers  as  may  by  law 
be  exempted,  shall,  before  they  enter  on  the  duties  of  their 
respective  offices,  take  and  subscribe  the  following  oath 


84  Importance  of  adhering  to  Rules. 

or  affirmation.  I  do  solemnly  swear,  (or  affirm,  as  the 
case  may  be,)  that  I  will  support  the  constitution  of  the 
United  States,  and  the  constitution  of  the  State  of  New- 
York  ;  and  that  I  will  faithfully  discharge  the  duties  of 

the  office  of ,  according  to  the  best  of 

iny  ability. 

And  no  other  oath,  declaration,  or  test,  shall  be  re- 
quired as  a  qualification  for  any  office  or  public  trust. 
Const.  Art.  6. 

The  lieutenant-governor  is  president  of  the  senate,  but 
has  only  a  casting  vote  therein.  Const.  Art.  3.  Sec.  7. 

The  clerk  of  the  senate  is  not  chosen  annually. 

In  the  assembly  a  presiding  officer  is  chosen  by  the 
members  present,  (being  a  quorum,)  and  from  former 
usage  is  called  "  The  Speaker."  After  the  speaker  has 
been  placed  in  the  chair,  the  house  then  proceed  by  ballot, 
resolution,  or  motion,  at  pleasure,  to  choose  a  clerk,  ser- 
geant at  arms,  and  door-keepers  :  then  the  organization 
of  the  assembly  is  completed. 

SECTION  III. 


THE    IMPORTANCE    OP    ADHERING   TO    RULES. 

MR.  ONSLOW,  the  ablest  among  the  speakers  of  the 
House  of  Commons,  used  to  say,  "it  was  a  maxim  he  had 
often  heard,  when  he  was  a  young  man,  from  old  and 
experienced  members,  that  nothing  tended  more  to  throw 
power  into  the  hands  of  administration  and  those  who 
acted  with  the  majority  of  the  House  of  Commons,  than  a 
neglect  of,  or  departure  from,  the  rules  of  proceeding ; 
that  these  forms,  as  instituted  by  our  ancestors,  operated 
as  a  check  and  controul  on  the  actions  of  the  majority, 
and  that  they  were  in  many  instances,  a  shelter  and  pro- 
tection to  the  minority  against  the  attempts  of  power/* 
So  far  the  maxim  is  certainly  true,  and  is  founded  in  good 
sense,  that  as  it  is  always  in  the  power  of  the  majority, 
by  their  numbers,  to  stop  any  improper  measures  pro- 
posed on  the  part  of  their  opponents,  the  only  weapons 
by  which  the  minority  can  defend  themselves  against 
similar  attempts  from  those  in  power,  are  the  forms  and 


importance  of  adhering  to  Rules.  85 

rules  of  proceeding  which  have  been  adopted  as  they 
were  found  necessary  from  time  to  time,  and  are  become 
the  law  of  the  House ;  by  a  strict  adherence  to  which, 
the  weaker  party  can  only  be  protected  from  those  irreg- 
ularities and  abuses  which  these  forms  were  intended  to 
check,  and  which  the  wantonness  of  power  is  but  too  of- 
ten apt  to  suggest  to  large  and  successful  majorities.  2 
Hats.  171,  172. 

And  whether  these  forms  be  in  all  cases  the  most  ra- 
tional or  not,  is  really  not  of  so  great  importance.  It  is 
much  more  material  that  there  should  be  a  rule  to  go  by, 
than  what  that  rule  is ;  that  there  may  be  an  uniformity 
of  proceeding  in  business,  not  subject  to  the  caprice  of 
the  speaker,  or  captiousness  of  the  members.  It  is  very 
material  that  order,  decency  and  regularity,  be  prserved 
in  a  dignified  public  body.  2  Hats.  149. 

And  in  1698  the  Lords  say  "  the  reasonableness  of 
what  is  desired  is  never  considered  by  us,  for  we  are 
bound  to  consider  nothing  but  what  is  usual.  Matters 
of  form  are  essential  to  government,  and  'tis  of  conse- 
quence to  be  in  the  right.  All  the  reason  for  forms  is 
custom,  and  the  law  of  forms  is  practice;  and  reason  is 
quite  out  of  doors.  Some  particular  customs  may  not 
be  grounded  on  reason,  and  no  good  account  can  be  given 
of  them ;  and  yet  many  nations  are  zealous  for  them  ; 
and  Englishmen  are  as  zealous  as  any  others  to  pursue 
their  old  forms  and  methods."  4  Hats.  258. 

And  this  subject  has  been  still  further  and  elegantly 
illustrated  by  the  Onslow  of  the  United  States,  the  Hon- 
orable Henry  Clay,  Esq.  for  many  years  Speaker  of  the 
House  of  Representatives  of  the  Union.  In  his  address 
on  taking  the  chair  on  the  1st  of  Dec.  1823,  is  the  fol- 
lowing brief  outline  : 

"  The  principles  which  should  regulate  the  execution 
of  the  duties  of  the  incumbent  of  the  chair  are  not  diffi- 
cult to  comprehend,  although  their  application  to  partic- 
ular instances  is  often  extremely  delicate  and  perplexing. 
They  enjoin  promptitude  and  impartiality  in  deciding  the 
vanous  questions  of  order,  as  they  arise,  firmness  and  dig- 
nity in  his  deportment  towards  the  house,  patience,  good 
temper,  and  courtesy,  towards  the  individual  members, 
asidthe  best  arrangement  and  distribution  of  the  talent 
H2 


86  Privilege* 

of  the  house,  in  its  numerous  subdivisions,  for  the  des- 
patch of  the  public  business,  and  the  fair  exhibition  of 
every  subject  presented  for  consideration.  They  espe- 
cially require  of  hii.a,  m  those  moments  of  agitation,  from 
which  no  deliberative  assembly  is  always  entirely  exempt, 
to  remain  c(  ..}  and  unshaken,  amidst  all  the  storms  of 
debate,  carefully  guarding-  the  preservation  of  the  per- 
mn;  >n:  .w?  ^nd  rules  of  tiie  house,  from  being  sacrificed 
to  tempo jtar;-  pcissious,  prejudices  or  interests." 

SECTION  IV. 

PRIVILEGE. 

THE  privileges  of  the  members  of  Parliament,  from 
small  and  obscure  beginnings,  have  been  advancing  for 
centuries,  with  a  firm  and  never  yielding  pace.  Claims 
seem  to  have  been  brought  forward  from  time  to  time,  and 
repeated,  till  some  example  of  their  admission  enable 
them  to  build  law  on  that  example.  We  can  only  there- 
fore state  the  point  of  progression  at  which  they  now  are. 
It  is  now  acknowledged,  1,  That  they  are  at  all  times 
exempted  from  question  elsewhere  for  any  thing*  said  in 
their  own  house ;  that  during  the  time  of  privilege,  2, 
Neither  a  member  himself.*  his  wif»  ,  or  his  servants,  (Ta- 
miliares,  sm)  for  any  matter  of  their  own,  may  be  ar- 
rested,! on  mesne  process,  in  an>-  civil  suit:  3,  Nor  ba 
detained  under  execution,  thouy '••.  levied  before  time  of 
privilege:  4,  Nor  impleaded,  cited,  or  subpo3naed  in  any 
court:  5,  Nor  summoned  as  a  witness  or  juror:  6,  Nor 
may  their  lands  or  goods  be  distrained  :  7,  Nor  their 
persons  Assaulted,  or  characters  traduced.  And  the  pe- 
riod of  time  covered  by  privilege,  before  and  after  the 
session,  with  the  practice  of  short  prorogations  under  the 
connivance  of  the  crown,  amounts  in  fact  to  a  perpetual 
protection  against  the  course  of  justice.  In  one  instance, 
indeed,  it  has  been  relaxed  by  the  10.  G.  3.  c.  50,  which 
permits  judiciary  proceedings  to  go  on  against  them. 
That  these  privileges  must  be  continually  progressive, 

*  Ord.  of  the  H.  of  Com.  1663,  July  16. 
t  Elsynge  217.  1  Hats.  21.  Grey's  deb.  133, 


Privilege.  87 

seems  to  result  from  their  rejecting  all  definition  of  them  ; 
the  doctrine  being  that  "  their  dignity  and  independence 
are  preserved  by  keeping  their  privileges  indefinite ;" 
and  that  the  "  maxims  upon  which  they  proceed,  together 
with  the  method  of  proceeding,  rest  entirely  in  their  own 
breast,  and  are  not  defined  and  ascertained  by  any  par- 
ticular stated  laws."— 1  Blackst.  163, 164. 

It  was  probably  from  this  view  of  the  encroaching  cha- 
racter of  privilege,  that  the  framers  of  our  constitution, 
in  their  care  to  provide  that  the  laws  shall  bind  equally 
on  all,  and  especially  that  those  who  make  them  shall 
not  exempt  themselves  from  their  operation,  have  only 
privileged  "  Senators  and  Representatives"  themselves 
from  the  single  act  of  "  arrest  in  all  cases,  except  trea- 
son, felony,  and  breach  of  the  peace,  during  their  attend- 
ance at  the  session  of  their  respective  houses,  and  in  going 
to  and  returning  from  the  same,  and  from  being  question- 
ed in  any  other  place  for  any  speech  or  debate  in  either 
house."  Const.  U.  S.  Art.  I ,  Sec.  6.  Under  the  general 
authority  "  to  make  all  laws  necessary  and  proper  for 
carrying  into  execution  the  powers  given  them,"  Const. 
U.  8.  Art.  2,  Sec.  8,  they  may  provide  by  law  the  detail* 
which  may  be  necessary  for  giving  full  effect  to  the  en- 
joyment of  this  privilege.  No  such  law  being  as  yet  made, 
it  seems  to  stand  at  present  on  the  following  ground :  1. 
The  act  of  arrest  is  void  ab  initio.*  2.  The  member  ar- 
rested may  be  discharged  on  motion.  1  Bl.  166.  2  Stra. 
990,  or  by  habeas  corpus  under  the  federal  or  state  au- 
thority, as  the  case  may  be  ;  or  by  a  writ  of  privilege  out 
of  the  Chancery,  2  Stra.  989,  in  those  states  which  have 
adopted  that  part  of  the  laws  of  England.  Orders  of  the 
H.  of  Commons  1550,  February  20.  3.  The  arrest  being 
unlawful,  is  a  trespass,  for  which  the  officer  and  others 
concerned  are  liable  to  action  or  indictment  in  the  ordi- 
nary courts  of  justice,  as  in  other  cases  of  unauthorised 
arrest.  4.  The  court  before  which  the  process  is  return- 
able, is  bound  to  act  as  in  other  cases  of  unauthorised 
proceeding,  and  liable  also,  as  in  other  similar  cases,  to 
have  their  proceedings  staid  or  corrected  by  the  superior 
courts. 

*  2  Stra.  989. 


88  Privilege. 

The  time  necessary  for  going  to  and  returning  from 
Congress,  not  being  defined,  it  will  of  course  be  judged 
of  in  every  particular  case  by  those  who  will  have  to  de- 
cide the  case. 

While  privilege  was  understood  in  England  to  extend, 
as  it  does  here,  only  to  exemption  from  arrest  elm  do, 
morando,  et  redeundo,  the  House  of  Commons  them- 
selves decided  that  "  a  convenient  time  was  to  be  under- 
stood." (1580.)  1  Hats.  99,  100.  Nor  is  the  law  so 
strict  in  point  of  time  as  to  require  the  party  to  set  out 
immediately  on  his  return,  but  allows  him  time  to  settle 
his  private  affairs,  and  to  prepare  for  his  journey  ;  and 
does  not  even  scan  his  road  very  nicely,  nor  forfeit  his 
protection  for  a  little  deviation  from  that  winch  is  most 
direct ;  some  necessity,  perhaps,  constraining  him  to  it. 
2  Stra.  986,  987. 

This  privilege  from  arrest,  privileges  of  course 
against  all  process,  the  disobedience  to  which  is  punish- 
able by  an  attachment  of  the  person  ;  as  a  subpoena  ad 
respondendum,  or  testificandum,  or  a  summons  on  a  jury : 
and  with  reason  ;  because  a  member  has  superior  duties 
to  perform  in  another  place. 

When  a  representative  is  withdrawn  from  his  seat  by 
summons,  the  30,000  people  whom  he  represents,  lose 
their  voice  in  debate,  and  vote  as  they  do  on  his  volun- 
tary absence  :  when  a  senator  is  withdrawn  by  summon?, 
his  state  loses  half  its  voice  in  debate  and  vote,  as  it  does 
on  his  voluntary  absence.  The  enormous  disparity  of 
evil  admits  no  comparison. 

So  far,  there  will  probably  be  no  difference  of  opinion 
as  to  the  privileges  of  the  two  houses  of  congress ;  but  in 
the  following  cases  it  is  otherwise.  In  December,  1795, 
the  H.  of  R.  committed  two  persons  of  the  name  of  Ran- 
dall and  Whitney,  for  attempting  to  corrupt  the  integrity 
of  certain  members,  which  they  considered  as  a  cont«n;.',rt 
and  breach  of  th*  privi'eges  of  the  House  :  and  the  facts 
being  proved,  Whitney  was  detained  in  coiilinemeni,  a 
fortnight,  and  Randall  three  weeks,  and  was  reprimand- 
ed by  the  Speaker.  In  March,  1706,  the  H.  of  R.  voted 
a  challenge  given  to  a  member  of  their  House,  to  be  a 
breach  of  the  privileges  of  the  House;  but  satisfactory 
apologies  and  acknowledgments  being  made,  no  further 


Privilege.  %$ 

proceeding  was  had.  The  editor  of  the  Aurora  having, 
in  his  paper  of  February  19,  1800,  inserted  some  para- 
graphs defamatory  of  the  Senate  of  the  United  States, 
and  failed  in  his  appearance,  he  was  ordered  to  be  com- 
mitted. In  debating  the  legality  of  this  order,  it  was  in- 
sisted, in  support  of  it,  that  every  man,  by  the  law  of 
nature,  and  every  body  of  men,  possesessthe  right  of  self 
defence ;  that  all  public  functionaries  are  essentially  in- 
vested with  the  powers  of  self  preservation ;  that  they 
have  an  inherent  right  to  do  all  acts  necessary  to  keep 
themselves  in  a  condition  to  discharge  the  trusts  confided 
to  them  ;  that  whenever  authorities  are  given,  the  means  of 
carrying  them  into  execution  are  given  by  necessary  im- 
plication ;  that  thus  we  see  the  British  parliament  exer- 
cise the  right  of  punishing  contempts ;  all  the  state  legis- 
latures exercise  the  same  power ;  and  every  court  does 
the  same :  that  if  we  have  it  not,  we  sit  at  the  mercy  of 
every  intruder,  who  may  enter  our  doors  or  gallery,  and, 
by  noise  and  tumult,  render  proceeding  in  business  im- 
practicable ;  that  if  our  tranquility  is  to  be  perpetually  dis- 
turbed by  newspaper  defamation,  it  will  not  be  possible 
to  exercise  our  functions  with  the  requisite  coolness  and 
deliberation ;  and  that  we  must  therefore  have  a  power 
to  punish  these  disturbers  of  our  peace  and  proceedings. 
To  this  it  was  answered,  that  the  parliament  and  courts 
of  England  have  cognizance  of  contempts  by  the  express 
provisions  of  their  law ;  that  the  state  legislatures  have 
equal  authority,  because  their  powers  are  plenary :  they 
represent  their  constituents  completely,  and  possess  all 
their  powers,  except  such  as  their  constitutions  have  ex- 
pressly denied  them  ;  that  the  courts  of  the  several  states 
have  the  same  powers  by  the  laws  of  their  states,  and 
those  of  the  federal  government  by  the  same  state  laws, 
adopted  in  each  state  by  a  law  of  congress ;  that  none  of 
these  bodies  therefore  derive  those  powers  from  natural 
or  necessary  right,  but  from  express  law ;  that  congress 
have  no  such  natural  or  necessary  power,  nor  any  powers 
but  such  as  are  given  them  by  the  constitution ;  that  that 
has  given  them  directly  exemption  from  personal  arrest, 
exemption  from  question  elsewhere  for  what  is  said  in 
their  House,  and  power  over  their  own  members  and  pro- 
ceedings ;  for  these,  no  further  law  is  necessary,  the  con- 


90  Privilege. 

stitution  being  the  law ;  that  moreover,  by  that  article  of 
the  constitution  which  authorises  them  "to  make  all  laws 
necessary  and  proper  for  carrying  into  execution  the 
powers  vested  by  the  constitution  in  them,"  they  may 
provide  by  law  for  an  undisturbed  exercise  of  their  func- 
tions, e.  g.  for  the  punishment  of  contempts,  of  affrays  or 
tumult  in  their  presence,  &c.  but,  till  the  law  be  made,  it 
does  riot  exist ;  and  does  not  exist  from  their  own  neglect ; 
that  in  the  mean  time,  however,  they  are  not  unprotected, 
the  ordinary  magistrates  and  courts  of  law  being  open 
and  competent  to  punish  all  unjustifiable  disturbances  or 
defamations,  and  even  their  own  sergeant,  who  may  ap- 
point deputies  ad  libitum  to  aid  him,  3  Grey  59, 147, 255 
is  equal  to  small  disturbances ;  that  in  requiring  a  previ- 
ous law,  the  constitution  had  regard  to  the  inviolability 
of  the  citizen  as  well  as  of  the  member  ;  as,  should  one 
House,  in  the  regular  form  of  a  bill,  aim  at  too  broad 
privileges,  it  may  be  checked  by  the  other,  and  both  by 
the  president ;  and  also,  as,  the  law  being  promulgated, 
the  citizen  will  know  how  to  avoid  offence.  But  if  one 
branch  may  assume  its  own  privileges  without  controul, 
if  it  may  do  it  on  the  spur  of  the  occasion,  conceal  the  law 
in  its  own  breast,  and,  after  the  fact  committed,  make 
its  sentence  both  the  law  and  the  judgment  on  that  fact; 
if  the  offence  is  to  be  kept  undefined,  and  to  be  declared 
only  ex  re  nata,  and  according  to  the  passions  of  the 
moment,  and  there  be  no  limitation  either  in  the  manner 
or  measure  of  the  punishment,  the  condition  of  the  citi- 
zen will  be  perilous  indeed.  Which  of  these  doctrine*  is 
to  prevail,  time  will  decide.  "Where  there  is  no  fixed 
law,  the  judgment  on  any  particular  case  is  the  law  of 
that  single  case  only,  and  dies  with  it.  When  a  new  and 
even  a  similar  case  arises,  the  judgment  which  is  to  make, 
and  at  the  same  time  apply  the  law,  is  open  to  question 
and  consideration,  as  are  all  new  laws.  Perhaps,  con* 
gress,  in  the  mean  time,  in  their  care  for  the  safety  of  the 
citizen,  as  well  as  that  for  their  own  protection,  may  de- 
clare by  law  what  is  necessary  an<<  proper  to  enable  them 
to  carry  into  execution  the  powers  vested  in  them,  and 
thereby  hang  up  a  rule  for  the  inspection  of  all,  which 
may  direct  the  conduct  of  the  citizen,  and  at  the  same 
time  test  the  judgments  they  shall  themselves  pronounce 
in  their  own  case. 


Privilege ,  91 

Privilege  from  arrest  takes  place  by  force  of  the  elec- 
tion ;  and  before  a  return  be  made,  a  member  elected 
may  be  named  of  a  committee,  and  is  to  every  intent  a 
member,  except  that  he  cannot  vote  until  he  is  sworn. 
Mmwr.  107,  108.  Dewcs  642.  col  2,  643.  col  1.  Pet. 
Miscel.  Parl.  111).  Lex.  Parl  c.  23.  2  Hats.  22,  62. 

Every  man  must,  at  his  peril,  take  notice  who  are  mem* 
bers  of  either  house  returned  of  record. — Lex.  Parl.  23, 
4.  inst.  24. 

On  complaint  of  a  breach  of  privilege,  the  party  may 
either  be  summoned,  or  sent  for  in  custody  of  the  ser- 
geant. 1  Grey,  88,  95. 

The  privilege  of  a  member  is  the  privlege  of  the  house. 
If  the  member  waive  it  without  leave,  it  is  a  ground  for 
punishing  him,  but  cannot  in  effect  waive  the  privilege 
of  the  house.  3  Grey,  140,  222. 

For  any  speech  or  debate  in  either  house,  they  shall 
not  be  questioned  in  any  other  place.  Const,  of  U.  S. 
I.  6.  S.  P.  Protest  of  the  commons  to  James  I.  1621.  2 
Rapin,  No.  54,  pa.  211,  212.  But  this  is  restrained  to 
things  done  in  the  house  in  a  parliamentary  course.  1 
Rush.  663.  For  he  is  not  to  have  privilege  contra  mo- 
rem  parliamentarian,  to  exceed  the  bounds  and  limits  of 
his  place  and  duty.  Com.  P. 

If  an  offence  be  committed  by  a  member  in  the  house, 
of  which  the  house  has  cognizance,  it  is  an  infringement 
of  their  right  for  any  person  or  court  to  take  notice  of  it, 
till  the  house  has  punished  the  offender,  or  referred  him 
to  a  due  course.  Lex.  Parl.  63. 

Privilege  is  in  the  power  of  the  house,  and  is  a  re- 
straint to  the  proceeding  of  inferior  courts  ;  but  not  of 
the  house  itself.  2  Nalson  450. 2  Grey,  399.  For  what- 
ever is  spoken  in  the  house  is  subject  to  the  censure  of 
the  house ;  and  offences  of  this  kind  have  been  severely 
punished,  by  calling  the  person  to  the  bar  to  make  sub- 
mission, committing  him  to  the  tower,  expelling  the  house, 
&c.  Scob.  72.  L.  Parl.  c.  22. 

It  is  a  breach  of  order  for  the  speaker  to  refuse  to  put 
a  question  which  is  in  order.  2  Hats.  175.  6.  5.  Grey 
133. 

And  even  in  cases  of  treason,  felony,  and  breach  of 
the  peace,  to  which  privilege  does  not  extend  as  to  sub- 


92  Privilege. 

stance,  yet  in  parliament,  a  member  is  privileged  as  t* 
the  mode  of  proceeding.  The  case  is  first  to  be  laid  be- 
fore the  house,  that  it  may  judge  of  the  fact  and  of  the 
grounds  of  the  accusation,  and  how  far  forth  the  manner 
of  the  trial  may  concern  their  privilege.  Otherwise  it 
would  be  in  the  power  of  other  branches  of  the  gov- 
ment,  and  even  of  every  private  man,  under  pretences  of 
treason,  &c.  to  take  any  man  from  his  service  in  the 
house,  and  so  as  many,  one  after  another,  at  w-mld  make 
the  house  what  he  pleaseth.  Decl.  of  the  C  m.  on  the 
King's  declaring  Sir  John  ffotham  a  traitor.  4  Rushw. 
586.  So  when  a  member  stood  indicted  of  felony,  it  was 
adjuged  that  he  ought  to  remain  of  the  house  till  con- 
viction. For  it  may  be  any  man's  case,  who  is  guiltless, 
to  be  accused  and  indicted  of  felony,  or  the  like  crime. 
23  El.  15SO.  D'Ewes.  283.  col.  1.  Lex.  Parl.  133. 

When  it  is  found  necessary  for  the  public  service  to 
put  a  member  under  arrest,  or  when,  on  any  public  en- 
quiry, matter  comes  out  which  may  lead  to  aftect  the 
person  of  a  member,  it  is  the  practice  immediately  to 
acquaint  the  house,  that  they  may  know  the  reasons  for 
such  a  pi  cceeding,  and  take  such  steps  as  they  think  pro- 
per. 2  Hats.  259.  Of  which  see  many  examples.  Ib. 
256,  257,  258.  But  the  communication  is  subsequent  to 
the  arrest.  1  Blaclcst.  167. 

It  is  highly  expedient,  says  Hatsell,  for  the  due  pres- 
ervation of  the  privileges  of  the  separate  branches  of  the 
legislature,  that  neither  should  encroach  on  the  other, 
or  interfere  in  any  matter  depending  before  them,  so  a« 
to  preclude,  or  even  influence  that  freedom  of  debate, 
which  is  essential  to  a  free  council.  They  are  therefore 
not  to  take  notice  of  any  bills  or  other  matters  depending, 
or  of  votes  that  have  been  given,  or  of  speeches  which 
have  been  held,  by  the  members  of  either  of  the  other 
branches  of  the  legislature,  until  the  same  have  been 
communicated  to  them  in  the  usual  parliamentary  man- 
ner. 2  Hats,  252.  4.  Inst.  15.  Seld.  Jud.  53.  Thus 
the  king's  taking  notice  of  the  bill  for  suppressing  sol- 
diers, depending  before  the  house,  his  proposing  a  pro- 
visional clause  for  a  bill  before  it  was  presented  to  him 
by  the  two  houses  ;  his  expressing  displeasure  against 
some  persons  for  matters  moved  in  parliament  during 


Privilege. 


the  debate  and  preparation  of  a  Mil,  were  breaches  of 
privilege.  2  Nalson,  743.  and  in  1783,  Dec.  17,  it  was 
dec  lured  a  breach  of  fundamental  privileges,  &c.  to  re- 
port any  opinion  or  pretended  opinion  of  the  king  on  any 
bill,  or  proceeding,  depending  in  either  house  of  parlia- 
ment, with  a  view  to  influence  the  votes  of  the  members. 


An  ACT  for  preventing  any  inconvcniencies  that  may 
pen  by  Privilege. — R.  Laivs,  vol.  1.  p.  122,  123. 

Passed  20th  February,  1788. 
[J.  &  V.  v.  2.  229.— Gr.  v.  2.  59.— K.  &  R.  v.  1.  133.] 

I.  Be  it  enacted  by  the  People  of  the  State  of  New- 
¥ork,  represented  in  Senate  and  Assembly,  and  it  is  here- 
by enacted  by  the  authority  of  the  same,  That  from  and 
after  the  passing  ot  this  act,  any  person  or  persons,  shall 
and  may  commence  and  prosecute  any  action  or  suit  in 
any  court  of  record  in  this  state,  against  any  senator  or 
member  of  assembly  for  the  time  being,  or  against  their 
or  any  of  their  servants,  or  any  other  person  entitled  to 
the  privilege  of  either  house  of  the  legislature,  at  any 
time  from  and  immediately  after  the  prorogation  or  ad- 
journment of  the  legislature,  until  a  new  legislature  shall 
meet,  or  the  same  be  re-assembled ;  and  from  and  imme- 
diately a  te/uny  adjournment  of  both  houses  of  the  legis- 
lature for  above  the  space  of  fourteen  days,  until  both 
houses  shall  meet  or  re-assemble  ;  and  that  the  said  res- 
pective courts  of  record  shall  and  may,  after  such  proro- 
gation or  adjournment  as  aforesaid,  proceed  to  give  judg- 
ment, or  to  make  final  orders,  decrees  and  sentences, 
and  award  execution  thereupon,  as  such  court  may  now 
lawfully  do  against  other  persons,  liable  to  be  arrested 
and  imprisoned  ;  any  law,  usage  or  custom  to  the  contra- 
ry thereof  notwithstanding.  Provided  always,  That  no 
member  of  the  legislature,  or  his  servant  or  servants, 
shall  be  liable  to  arrest,  on  any  civil  process,  while  com- 
ing to,  or  return i  tig  from  the  place  were  the  legislature 
shall  sit,  to  the  place  of  such  member's  residence,  but 

I 


04  Privilege. 

such  time  of  coming  or  returning,  shall  not  exceed  four- 
teen days. 

II.  And  be  it  further  enacted  by  the  authority  aforesaid, 
That  where  any  plaintiff  or  plaintiffs  shall,  by  reason  or 
occasion  of  any  privilege  of  either  house  of  the  legisla- 
ture, be  stayed  or  prevented  from   prosecuting  any  suit 
by  him,  her  or  them  commenced,  such  plaintiff  or  plain- 
tiffs shall  not  be  barred  by  any  statute  of  limitation,  or 
nonsuited,  dismissed,  nor  his,  her  or  their  suit  discontin- 
ued for  want  of  prosecution  of  the  suit,  by  him,  her  or 
them  begun  ;  but  may,   after  the  time  aforesaid,  be  at 
liberty  to  proceed  to  judgment  and  execution  thereupon, 
as  aforesaid. 

III.  And  whereas,  it  is  just  and  reasonable,  that  per- 
sons employed  in  offices  and  places  of  public  trust,  should 
at  all  times  be  accountable  for  any  misdemeanors  therein, 
and  the  public  justice  of  the  state  requireth  a  vigorous 
prosecution  of  such  offenders  ;  Therefore,  Be  it  further 
enacted  by  the  authority  aforesaid,  That  any  action  or  suit 
shall  and  may  be  commenced,  and   prosecuted  in  any 
court  of  record  in  this  state,   against  any  officer  or  per- 
son intrusted  or  employed  in  the  revenue  of  this  state,  or 
any  part  or  branch   thereof,  or  in  any  other  office  or 
place  of  public  trust,  for  any  forfeiture,  misdemeanor  or 
breach  of  trust,  of,  in  or  relating  to  such  office  or  place 
of  trust,  or  any  penalty  imposed  by  law  to  enforce  the 
due  execution  thereof;  and  that  no  such  action,  suit,  or 
any  other  process,  proceeding,   judgment  or  execution 
thereupon,   although  such  officer  or  person  shall  be  a 
member  of  the  senate  or  assembly,  shall  be  impeached, 
stayed  or  delayed,  by  or  under  colour  or  pretence  of  any 
privilege  of  either  house  of  the  legislature. 


95 

An  ACT  for  the  Prevention  of  Bribery. 

R.  Laws,  vol.  2,  p.  191. 

Passed  February  25,  1813. 

[W.  v.  4.  634.— Sess.  29.  c.  181.] 

I.  Be  it  enacted  by  the  People  of  the  State  of  New- 
York,  represented  in  Senate  and  Assembly,  That  if  any 
person  shall  promise,  offer,  or  give  to  any  member  of  the 
council  of  revision,  council  of  appointment,  or  any  com- 
missioner of  the  land  office,  or  member  elect  of  the  sen- 
ate or  assembly  of  this  state,  or  any  member  who  hath 
qualified  and  taken  his  seat  in  the  said  senate  or  assem- 
bly, any  money,  goods,  chattels,  chose  in  action,  or  other 
property,  with  intent  to  influence  his  vote  on  any  ques- 
tion brought  or  to  be  brought  before  the  said  councils, 
board  of  commissioners,  senate  or  assembly,  such  person 
shall  be  deemed  guilty  of  a  high  misdemeanor,  and  shall 
on  conviction  thereof  be  fined  in  a  sum  not  exceeding 
five  thousand  dollars,  or  imprisoned  in  the  state-prison 
at  hard  labor,  for  a  term  not  exceeding  ten  years,   or 
both,  in  the  discretion  of  the  court. 

II.  And  be  it  further  enacted,  That  if  any  such  mem- 
ber of  the  said  councils,  board  of  commissioners,  senate 
or  assembly,  shall  give  his  vote  on  any  question  brought 
as  aforesaid,  in  consequence  of  such  corrupt  promise  or 
promises,  offer  or  offers,  gift  or  gifts,  such  member  shall 
be  deemed  guilty  of  a  high  misdemeanor,  and  shall,  on 
conviction  thereof,  be  fined  and  imprisoned  as  aforesaid, 
nnd  also  be  for  ever  disqualified  from  holding  a  seat  in 
the  legislature,  or  any  office  of  honor,  profit,  or  trust  in 
this  state. 

III.  And  be  it  further  enacted,  That  it  shall  be  the  du- 
ty of  the  attorney-general  to  cause  all  persons  already 
indicted,  or  who  may  be  hereafter  indicted  for  corrupt- 
ing,  or  attempting  to  corrupt  any  such  member  of  the 
legislature,  or  of  the  councils  or  board  of  commissioners 
aforesaid,  to  be  brought  to  trial,  and  to  attend  in  person 
to  the  execution  of  the  duties  required  of  him  by  this  act. 


9S  Quorum — Call  of  the  House. 

SECTION  V, 

QUORUM. 

A  majority  of  the  members  is  a  quorum. — Const.  Art.  1, 
Sec.  3. 

In  general,  the  chair  is  not  to  be  taken  by  the  speaker, 
till  a  quorum  for  business  is  present ;  unless  after  due 
•waiting,  such  a  quorum  be  despaired  of,  when  the  chair 
may  be  taken  and  the  house  adjourned.  And  whenever 
during  business,  it  is  observed  that  a  quorum  is  not  pres- 
ent, any  member  may  call  for  the  house  to  be  counted, 
and  being  found  deficient,  business  is  suspended. 

Upon  the  appearance  of  a  quorum  the  speaker  shall 
take  the  chair,  and  the  members  shall  be  called  to  order. 
— Rules  of  assembly  1. 

Immediately  after  the  speaker  shall  have  taken  the 
chair,  the  minutes  of  the  preceding  day  shall  be  read  by 
the  clerk,  to  the  end,  that  any  mistakes  therein  may  be 
corrected  by  the  house. — R.  of  A.  2« 

SECTION  VI. 

CALL    OF   THE    HOUSE. 

On  a  call  of  the  house,  each  person  rises  up  as  he  is 
called,  and  answereth.  The  absentees  are  then  only 
noted,  but  no  excuse  to  be  made  till  the  house  be  fully 
called  over.  Then  the  absentees  are  called  a  second 
time,  and  if  still  absent,  excuses  are  to  be  heard.  Or d. 
H.  Com.  92. 

They  rise  that  their  persons  may  be  recognized  ;  the 
voice,  in  such  a  crowd  being  an  insufficient  verification 
of  their  presence.  But  in  so  small  a  body  as  the  senate 
of  the  United  States,  the  trouble  of  rising  cannot  be  ne- 
cessary. 

Orders  for  calls  on  different  days  may  subsist  at  the 
same  time.  2.  Hats.  72. 


Absence — Speaker.  97 

SECTION  VII. 


ABSENCE. 

No  member,  after  having  appeared  and  been  sworn, 
can  with  propriety,  absent  himself  from  the  house  dur- 
ing the  hours  of  business,  without  leave  first  asked  and 
obtained  from  the  house  ;  unless  he  have  a  reasonable  ex- 
cuse therefor,  as  illness,  or  other  urgent  business,  &c. 

The  speaker,  under  the  direction  of  the  house,  may 
send  the  sergeant  at  arms  of  the  house,  for  any  such 
me-mber,  absenting  himself  from  the  house  during  the 
hours  of  business. 

SECTION  VIII. 

SPEAKER. 

He  is  chosen  by  ballot ;  the  clerk  of  the  preceding 
session  superintends  the  proceedings  in  organizing  the 
new  house,  till  the  speaker  is  placed  in  the  chair.  The 
speaker  is  conducted  to  the  chair,  immediately  after 
his  election,  by  a  committee  of  two  members  appointed 
by  the  house,  under  a  nomination  by  the  acting  clerk. 

His  powers  and  duty  are  various. 

The  Speaker  shall  preserve  order  and  decorum,  and  shall 
decide  questions  of  order,  subject  to  an  appeal  to  the 
house  ;  he  shall  have  the  right  to  name  any  member  to 
perform  the  duties  of  the  chair,  but  such  substitution 
shall  not  extend  beyond  an  adjournment.  R.  of  A.  3. 

The  speaker  shall  not  vote  in  any  case,  unless  where 
the  vote  shall  be  by  ballot ;  or  when  the  house  shall  be 
equally  divided ;  or  when  his  vote,  added  to  the  minority, 
shall  make  an  equal  division  ;  and  in  case  of  such  equal 
division,  the  question  shall  be  lost.  R.  of  A.  4. 

When  the  house  is  in  committee  of  the  whole,  the 
speaker  addresses  the  chair  on  the  matter,  and  votes  as 
any  other  member. 

When    the   house  adjourns,  the   members    shall  keep 

their  seats  until  the  speaker  leaves  the  chair.  R.  of  A.  5. 

10 
A 


98  Speaker. 

Every  member,  previous  to  his  speaking,  shall  rise  from 
his  seat,  and  address  himself  to  the  speaker.  R.  of  A.  6. 

When  two  or  more  members  rise  at  once,  the  speaker 
shall  name  the  member  who  is  first  to  speak.  R.  of  A.  7. 

No  motion  shall  be  debated  or  put,  unless  the  same  be 
seconded.  When  a  motion  is  seconded,  it  shall  be  stated 
by  the  speaker  before  debate  $  and  every  such  motion 
shall  be  reduced  to  writing,  if  the  speaker,  or  any  mem- 
ber desire  it.  R.  of  A.  9. 

Then  and  then  only  is  it  in  possession  of  the  house. 
R.  of  A.  10. 

In  forming  a  committee  of  the  whole  house,  the  speaker 
shall  leave  the  chair,  and  a  chairman  shall  be  appointed 
to  preside.  R*  of  .4.25. 

The  house  never  resolves  itself  into  a  committee  of  the 
whole,  on  more  than  three  bilJs  or  subjects  at  once ;  when 
so  resolved  into  a  committe  of  the  whole,  the  speaker 
says,  "  Mr.  will  please  take  the  chair" — the 

chairman  thus  appointed,  comes  to  the  chair,  the  speaker 
rises,  delivers  him  the  bills,  &c.  and  informs  him  the 
house  have  thus  resolved  itself  into  commitee  of  the 
whole,  &c.  he  does  not  resume  the  chair,  until  the  com- 
mittee of  the  whole  have  resolved  to  rise,  and  report  up- 
on all  the  three  different  subjects.  Then  the  speaker  takes 
his  seat,  and  the  chairman  reports  the  proceedings  in  com- 
mittee of  the  whole,  and  the  speaker  repeats  the  same  re- 
port to  the  house,  where  the  same  are,  or  are  not  agreed  to. 

JVhcn  a  bill  passes  the  house,  the  speaker  shall  certify 
the  same,  with  the  date  thereof,  at  the  foot  of  the  bill. 
R.ofA.  29. 

In  the  absence  of  a  quorum*  the  speaker  may  adjourn 
the  house  until  the  next  sitting  day ;  or  if  in  committee 
of  the  whole,  the  committee  may  rise  and  report  pro- 
gress. R.  of  A.  33, 

On  the  meeting  of  the  house,  after  the  reading  of  the 
journal,  the  presentation  of  petitions  shall  be  first  in  or- 
der, and  it  shall  be  the  duty  of  the  speaker  to  call  for  the 
same.  .R,  of  A.  40. 

The  speaker  may  assign  places  for  stenographers. 

He  nominates  all  the  standing  committees  and  all  se- 
lect committees  of  the  house,  and  takes  the  sense  of  the 
house  on  such  nominations. 


Speaker.  99 

All  committees  shall  be  appointed  by  the  speaker,  un- 
less otherwise  specially  directed  by  the  house,  in  which 
case  they  shall  be  appointed  by  ballot ;  and  if  upon  such 
ballot  the  number  required  shall  not  be  elected  by  a  ma- 
jority of  the  votes  given,  the  house  shall  proceed  to 
a  second  ballot,  in  which  a  plurality  of  votes  shall  pre- 
vail ;  and  in  case  a  greater  number  than  is  required  to 
compose  or  complete  a  committee,  shall  have  an  equal 
number  of  votes,  the  house  shall  proceed  to  a  further 
ballot  or  ballots.  R.  of  A.  52. 

Under  the  direction  of  the  house,  he  may  send  the  ser- 
geant at  arms  after  members  that  have  qualified,  and 
absent  themselves  without  leave. 

The  speaker  signs  his  name  to  all  addresses  of  the 
honorable  the  assembly,  to  his  excellency  the  governor, 
and  reads  through  and  delivers  the  same  to  him,  accom- 
panied by,  and  in  presence  of  the  members  of  the  assem- 
bly. 

Under  the  colonial  government,  on  the  9th  April  1691, 
under  governor  Sloughter,  is  the  most  distant  period  at 
which  there  seems  to  have  been  a  choice  of  speaker  by 
the  house.  About  the  same  time  a  majority  was  resolved 
competent  to  do  business  ;  and  on  the  22d  October,  1694, 
the  speaker  was  ordered  to  give  pay  certificates  to  mem- 
'bers — these  three  last  regulations  have  been  in  constant 
use  ever  since  their  first  occurrence. 

When  the  speaker  has  been  ill,  other  speakers,  pro 
tempore,  have  been  appointed. 

Instances  of  this,  are,  1  //.  4.  Sir  John  Cheyney,  and 
so  Sir  William  Sturton ;  and  in  15  //.  6.  Sir  John  Tyr- 
rel,  1656.  January  27,  1658,  March  9.  1659,  January  13, 

Sir  Job  Charlton,  ill, 

Seymour  chosen,  1673,  Feb.  18. 


Seymour  being  ill, 

Sir  Robert  Sawyer  chosen, 

1678,  April  15. 
Sawyer  being  ill, 


Not  merely 
pro  tern. 
1  Chand.  169. 
276.  277. 


Seymour  chosen. 

Thorpe  in  Execution,  a  new  speaker  chosen,  3  H.  6. 
3.  Grey  11.  and  March  14,  1694,  Sir  John  Trevor  chosen. 
There  have  been  no  later  instances.  2  Hats.  161,  4  mst. 
8  L,  Parl  263, 


100  Address. 

A  Speaker  may  be  removed  at  the  will  of  the  house, 
and  a  speaker  pro  tempore  appointed.  2  Grev  186.  5 
Grey  134. 

So  in  the  assembly,  on  the  12th  Feb,  1810,  Mr.  Ross 
was  chosen  speaker,  Mr.  Sanford,  the  speaker  first 
chosen,  "  being  indisposed  and  unable  to  attend  to  the 
duties  of  the  office."  The  speaker  in  the  first  instance, 
is  not  chosen  conditionally,  not  pro  tern. 

SECTION  IX. 


ADDRESS. 

The  governor  shall  be  general  and  commander  in 
chief  of  all  the  militia,  and  admiral  of  the  navy  of  the 
state.  He  shall  have  power  to  convene  the  legislature 
(or  the  senate  only)  on  extraordinary  occasions.  He 
shall  communicate  by  message  to  the  legislature  at  every 
session,  the  condition  of  the  state ;  and  recommend  such 
matters  to  them  as  he  shall  judge  expedient.  He  shall 
transact  all  necessary  business  with  the  officers  of  gov- 
ernment, civil  and  military.  He  shall  expedite  all  such 
measures  as  may  be  resolved  upon  by  the  legislature, 
and  shall  take  care  that  the  laws  are  faithfully  executed. 
He  shall,  at  stated  times  receive  for  his  services  a  com- 
pensation which  shall  neither  be  increased  nor  diminished 
during  the  term  for  which  he  shall  have  been  elected. 
Const.  Art.  3,  Sec.  4. 

A  joint  address  of  both  houses  of  parliament  is  read  by 
the  speaker  of  the  house  of  lords.  It  may  be  attended 
by  both  houses  in  a  body,  or  by  a  committee  from  each 
house,  or  by  the  two  speakers  only.  An  address  of  the 
house  of  commons,  only,  may  be  presented  by  the  whole 
house  or  by  the  speaker.  0  Grey  473. 1  Chandler  298, 301. 
or  by  such  particular  members  as  are  of  the  privy  coun- 
cil. 2.  Hats.  278. 

In  the  Assembly,  the  address  to  the  Governor,  is 
brought  in  by  the  chairman  of  a  committee  of  three  mem- 
bers, appointed  for  that  purpose  by  the  house,  being  first 
nominated  by  the  speaker.  The  same  is  then  printed, 
and  passed  by  the  house  in  committee  of  the  whole,  en- 


Address — Presentation  of  Petitions.  101 

grossed,  read  again,  passed,  signed  by  the  speaker — a 
committee  of  two  members  is  then  appointed,  to  wait  on 
the  governor,  and  know  at  what  time  and  place  it  will 
be  agreeable  to  him  to  receive  the  house  with  their  address 
in  answer  to  his  speech.  This  committee  give  him  a 
copy  of  the  address.  He  appoints  a  time  and  place,  and 
in  pursuance  thereof,  the  speaker  leaves  the  chair,  pre- 
ceded by  the  sergeant  at  arms,  and  accompanied  by  the 
clerk  and  the  members  of  the  house,  proceed  at  tbe  hour 
to  meet  the  governor  at  the  place  appointed  ;  there  the 
speaker  reads  through  the  address  to  the  governor,  in 
presence  of  the  house,  and  delivers  him  the  same. 

The  house  having  received  his  reply,  then  return,  and 
the  speaker  makes  report,  that  the  house  have  waited  on 
the  governor  in  pursuance  of  his  appointment,  and  de- 
livered the  said  address,  and  received  the  reply,  which 
he  then  hands  to  the  clerk ;  it  is  read,  and  the  usual  bu- 
siness of  the  house  is  then  resumed. 


SECTION.  X. 


PRESENTATION    OF    PETITIONS. 

That  it  is  the  right  of  the  citizens  of  this  state  to  pe- 
tition the  person  administering  the  government  of  this 
state  for  the  time  being,  or  either  house  of  the  legislature  ; 
and  all  commitments  and  prosecutions  for  such  petitioning 
are  illegal. 

On  the  meeting  of  the  house,  after  the  reading  of  the 
journal,  the  presentation  of  petitions  shall  be  first  in  or- 
der, and  it  shall  be  the  duty  of  the  speaker  to  call  for  the 
same.  R.  of  A.  40. 

Petitions,  memorials,  and  other  papers  addressed  to 
the  house,  shall  be  presented  by  the  speaker,  or  by  a 
member  in  his  place. — R.  of  A.  17. 

The  member  having  the  petition  or  memorial,  rises 
from  his  seat,  announces  the  object  of  the  petition,  walks 
up  to  the  speaker's  desk,  and  presents  the  petition,  <fcc. 
to  the  speaker.  The  name  of  the  member  presenting  the- 
petition  ought  to  be  endorsed  thereon  by  the  member  pre- 
senting it. 


102  Committees. 

These  petitions,  &c.  are  announced  to  the  house  by  the 
speaker,  then  by  him  handed  to  the  clerk  ;  by  the  clerk 
they  are  read  through,  unless  the  house,  on  motion,  dis- 
pense with  the  reading  thereof,  and  then  either  order- 
ed to  lie  on  the  table,  or  referred  to  a  select  committee. 

Provided  they  are  referred  to  a  select  committee,  the 
following  is  the  rule  to  be  observed  by  the  committee,  viz: 

Select  committees,  to  whom  reference  shall  be  made, 
shall  in  all  cases  report  a  state  of  facts,  and  also  their 
opinions  thereon,  to  the  house.  R.  of  A.  36. 

In  obedience  to  this  rule,  it  becomes  the  duty  of  the 
committee,  as  soon  as  thai  business  will  permit,  to  meet 
together,  examine  the  matters  and  make  their  report, 
containing  a  state  of  the  facts,  and  their  opinion  thereon. 
When  this  committee  is  ready  to  report,  the  chairman 
thereof,  when  no  one  occupies  the  floor,  or  whenever  the 
house  permits,  rises  in  his  place,;  and  there  reads  the  report 
agreed  upon,  and  then  delivers  the  same  to  the  speaker  to- 
gether with  all  papers  submitted  to  them.  The  speaker  an- 
nounces the  report,  and  the  same  is  then  read  through 
by  the  clerk,  and  the  opinion  of  the  house  taken  thereon, 
unless  postponed.  If  agreed  to,  leave  is  given  to  bring  in 
a  bill,  provided  that  is  the  request  made  in  the  report : 
and  such  other  proceedings  thereon  had  as  the  house 
shall  think  fit  and  proper.  (See  bills,  first  and  second 
reading  &c.  hereafter.) 

SECTION  XI. 

COMMITTEES. 

Standing  committees,  as  of  privileges  and  elections, 
&c.  are  usually  appointed  at  the  first  meeting,  to  continue 
through  the  session.  The  person  first  named  is  gener- 
ally permitted  to  act  as  chairman.  But  this  is  a  matter  of 
courtesy;  every  committee  having  a  right  to  elect  their 
own  chairman,  who  presides  over  them,  puts  questions, 
and  reports  their  proceedings  to  the  house.  4  inst.  11, 
12,  Scab.  9.  1  Grey  122. 

At  these  committees  the  members  are  to  speak  stand.- 


Committee  of  the  Whole.  103 

ing,  and  not  sitting :  though  there  is  reason  to  conjec- 
ture it  was  formerly  otherwise.  I)' Ewes  630.  col.  1,  4. 
Parl.  Hist.  440.  2  Hats.  77. 

Their  proceedings  are  not  to  be  published,  as  they  are 
of  no  force  till  confirmed  by  the  house.  Rushw.  Parl. 
3.  vol.  2.  74.  3  Grey,  401  Scob.  39.  Nor  can  they  re- 
ceive a  petition  but  through  the  house.  9  Grey  412. 

When  a  committee  is  charged  with  an  enquiry,  if  a 
member  prove  to  be  involved,  they  cannot  proceed  against 
him,  but  must  make  a  special  report  to  the  house,  where- 
upon the  member  is  heard  in  his  place,  or  at  the  bar,  or 
a  special  authority  is  given  to  the  committee  to  enquire 
concerning  him.  9  Grey  523. 

So  soon  as  the  house  sits,  and  a  committee  is  notified 
of  it,  the  chairman  is  in  duty  bound  to  rise  instantly,  and 
the  members  to  attend  the  service  of  the  house.  2  Mais. 
819. 

It  appears  that  on  joint  committees  of  the  Lords  and 
Commons,  each  committee  acted  integrally  in  the  follow- 
ing instances.  7  GreyZGl,  278,  285,  338.  1  Chandler 
357,  462.  In  the  following  instances  it  does  not  appear 
whether  they  did  or  not.  6  Grey  129.  7  Grey  213,  229, 
321. 

Every  message  from  the  honorable  the  senate,  com- 
municating any  bill  for  the  concurrence  of  this  house, 
shall,  after  the  second  reading  of  the  said  bill,  be  refer- 
red to  a  select  committee,  with  the  accompanying  docu- 
ments, if  any,  to  consider  and  report  thereon.  R.  of  A.  38. 

SECTION  XII. 


COMMITTEE    OF   THE    WHOLE. 

The  speech,  messages  and  other  matters  of  great  con- 
cernment, are  usually  referred  to  a  committee  of  the 
whole  house.  6  Grey  311.  Where  general  principles 
are  digested  in  the  form  of  resolutions,  which  are  debat- 
ed and  amended  till  they  get  into  a  shape  which  meets 
the  approbation  of  a  majority.  These  being  reported 
and  confirmed  by  the  house,  are  then  referred  to  one  or 
more  select  committees,  according  as  the  subject  divides 


104  Committee  of  the  Whole. 

itself  into  one  or  more  bills  Scob.  36,  44.  Propositions 
for  any  charge  on  the  people  are  especially  to  be  first 
made  in  a  committee  of  the  whole.  3  Hats.  127.  The 
sense  of  the  whole  is  better  taken  in  committee,  because 
in  all  committees  every  one  speaks  as  often  as  he  pleases. 
Scob.  49.  They  generally  acquiesce  in  the  chairman 
named  by  the  speaker ;  but,  as  well  as  all  other  commit- 
tees, have  a  right  to  elect  one,  some  member,  by  consent, 
putting  the  question.  Scob.  36.  3  Grey  301.  The  form 
of  going  from  the  house  into  committee,  is,  for  the  speak- 
er, on  motion,  to  put  the  question  that  the  house  do  now 
resolve  itself  into  a  committee  of  the  whole,  to  take  un- 
der consideration  such  a  matter,  naming  it.  If  deter- 
mined in  the  affirmative,  he  leaves  the  chair,  and  takes 
a  seat  elsewhere,  as  any  other  member  ;  and  the  person 
appointed  chairman  seats  himself  at  the  clerk's  table. 
Scob.  36.  Their  quorum  is  the  same  as  that  of  the  house : 
and  if  a  defect  happens,  the  chairman,  on  a  motion  and 
question,  rises,  the  speaker  resumes  the  chair,  and  the 
chairman  can  make  no  other  report  than  to  inform  the 
house  of  the  cause  of  their  dissolution.  If  a  message  is 
announced  during  a  committee,  the  speaker  takes  the 
chair,  and  receives  it,  because  the  committee  cannot.  2 
Hats.  125,  126. 

In  a  committee  of  the  whole,  the  tellers  on  a  division, 
differing  as  to  the  numbers,  great  heats  and  confusion 
arose,  and  danger  of  a  decision  by  the  sword.  The 
speaker  took  the  chair,  the  mace  was  forcibly  laid  on  the 
table,  whereupon,  the  members  retiring  to  their  places, 
the  speaker  told  the  house  "he  had  taken  the  chair  with- 
out an  order,  to  bring  the  house  into  order."  Some  ex- 
cepted  against  it :  but  it  was  generally  approved  as  the 
only  expedient  to  suppress  the  disorder.  And  every 
member  was  required,  standing  up  in  his  place,  to  en- 
gage that  he  would  proceed  no  further  in  consequence  of 
what  had  happened  in  the  grand  committee,  which  was 
done.  3  Grey  128. 

A  committee  of  the  whole  being  broken  up  in  disorder, 
and  the  chair  resumed  by  the  speaker  without  an  order, 
the  house  was  adjourned.  The  next  day  the  committee 
was  considered  as  thereby  dissolved,  and  the  subject  again 
before  the  house  ;  and  it  was  decided  in  the  house,  with- 
out returning  into  committee.  3  Grey  130. 


Commit  fee  of  the  Whole.  1 05 

No  previous  question  can  be  put  in  a  committee  ;  nor 
can  this  committee  adjourn  ns  others  may;  but  if  their 
business  is  unfinished,  they  rife,  on  a  question,  the  I 
is  resumed,  and  the  chairman  reports  that  the  committee 
of  the  whole  have,  according  to  order,  had  under  their 
consideration  such  a  matter,  and  have  made  progress 
therein  ;  but  not  having  had  time  to  go  through  the  same, 
have  directed  him  to  ask  leave  to  sit  again.  Whereupon 
a  question  is  put,  on  their  havinjr  leave,  and  on  the  time 
v,  hen  the  house  will  again  resolve  itself  into  a  committee. 
Scab.  38.  But  if  they  have  gone  through  the  matter  re- 
ferred to  them,  a  member  moves  that  the  committee  may 
rise,  and  the  chairman  report  their  proceedings  to  the 
house  ;  which  being  resolved,  the  chairman  rises,  the 
speaker  resumes  the  chair,  the  chairman  informs  him  that 
the  committee  have  gone  through  the  business  referred 
to  them,  and  that  he  is  ready  to  make  report  when  the 
house  shall  think  proper  to  receive  it.  If  the  house  have 
time  to  receive  it,  there  is  usually  a  cry  of  "  now,  now," 
whereupon  he  makes  the  report :  but  if  it  be  late,  the  cry 
is  "  to-morrow,  to-morrow,"  or  "  on  Monday,  &c."  or  a 
motion  is  made  to  that  effect,  and  a  question  put  that  it 
be  received  to-morrow,  &c.  Scob.  38. 

In  other  things  the  rules  of  proceeding  are  to  be  the 
same  as  in  the  house.  Scob.  39. 

In  forming  a  committee  of  the  whole  house,  the  speak- 
er shall  leave  the  chair,  and  a  chairman  shall  be  appoint- 
ed to  preside.  R.  of  A.  25. 

The  rules  of  the  house  shall  be  observed  in  a  commit- 
tee of  the  whole  house,  except  the  rules  respecting  divis- 
ions, and  limiting  the  time  of  speaking.  R.  of  A.  35. 

No  motion  shall  be  debated  or  put,  unless  the  same 
be  seconded.  When  a  motion  is  seconded,  it  shall  be 
stated  by  the  speaker,  before  debate  ;  and  every  such 
motion  shall  be  reduced  to  writing,  if  the  speaker,  or  any 
member,  desire  it.  R.  of  A.  9. 

A  motion  that  the  chairman  leave  the  chair,  shall  al- 
wavs  be  in  order,  and  shall  take  place  of  anv  other  mo- 
tion. R.  of  A.  32. 

No  motion  for  reconsideration,  shall  be  in  order,  unless 
on  the  same  day,  or  day  following  that  on  which  the  de- 
cision proposed  to  be  reconsidereo!  took  place,  nor  unless 

K 


106  Examination  of  Witnesses. 

one  of  the  majority  shall  move  such  reconsideration.  A 
motion  for  reconsideration  being  put,  and  lo&t,  shall 
not  be  renewed ;  nor  shall  any  subject  be  a  second  time 
reconsidered,  without  unanimous  consent.  R.  of  A.  34. 

On  a  motion  in  committee  of  the  whole  house,  to  rise 
and  report,  the  question  shall  be  decided  without  debate. 
R.  of  A.  53. 

SECTION  XIII. 

EXAMINATION    OF    WITNESSES. 

Common  fame  is  a  good  ground  for  the  house  to  pro- 
ceed by  enquiry,  and  even  to  accusation.  Resolution 
House  Commons  1.  Cbr.  1. 1625.  IZtdt.  L.  Parl  115. 
1  Grty  16....22.  92.  8  Grey  21, 23,  27,  45. 

As  the  heads  of  impeachment  were  severally  read  against 
the  Lord  Clarendon  in  1667,  some  member  in  his  place, 
stated  to  the  house,  that  several  persons  had  undertaken 
to  make  that  head  good."  Or,  "  that  the  member  had 
heard  this  from  a  certain  great  lord."  Or,  "  that  this 
was  too  public  to  stand  in  need  of  proof."  Or,  in  one 
instance,  "  that  the  member  did  not  doubt  that  it  will  be 
made  out."  St.  Tr.  558.  4  Hats.  137. 

Witnesses  are  not  to  be  produced  but  where  the  house 
has  previously  instituted  an  inquiry,  2  Hats.  102.  nor  then 
are  orders  for  their  attendance  given  blank.  3  Grey  51. 
The  process  is  a  summons  from  the  house.  4  Hats.  255, 
258. 

When  any  person  is  examined  before  a  committee,  or 
at  the  bar  of  the  house,  any  member  wishing  to  ask  the 
person  a  question,  must  address  it  to  the  speaker  or  chair- 
man, who  repeats  the  question  to  the  person,  or  says  to 
him,  "  you  hear  the  question,  answer  it."  But  if  the  pro- 
priety of  the  question  be  objected  to,  the  speaker  directs 
the  witness,  counsel  and  parties,  to  withdraw  ;  for  no 
question  can  be  moved  or  put,  or  debated  while  they  are 
there.  2  Hats.  108.  Sometimes  the  questions  are  pre- 
viously settled  in  writing  before  the  witness  enters.  Ib. 
106,  107,  8  Grey  64.  The  questions  asked  must  be  en- 
tered in  the  journals.  3  Grey  81.  But  the  testimony  giv- 


Arrangement  of  Business.  107 

en  In  answer  before  the  house  is  never  written  down ; 
but  before  a  committee  it  must  be,  for  the  information  of 
the  house,  who  are  not  present  to  hear  it.  7  Grey  52,  334. 

If  either  house  have  occasion  for  the  presence  of  a  per- 
son in  custody  of  the  other,  they  ask  the  other  their 
leave  that  he  may  be  brought  up  to  them  in  custody.  3 
Hat*.  52. 

A  member,  in  his  place,  gives  information  to  the  house 
of  what  he  knows  of  any  matter  under  hearing  at  the  bar. 
Jour.  If.  of  C.  January  2*2, 1744....5. 

Either  house  may  request,  but  not  command  the  atten- 
dance of  a  member  of  the  other.  They  are  to  make  the 
request  by  message  to  the  other  house,  and  to  express 
clearly  the  purpose  of  attendance,  that  no  improper  sub- 
ject of  examination  may  be  tendered  to  him.  The  house 
then  gives  leave  to  the  member  to  attend,  if  he  choose  it ; 
waiting  first  to  know  from  the  member  himself  whether 
he  chooses  to  attend,  till  which,  they  do  not  take  the  mes- 
sage into  consideration.  But  when  the  peers  are  sitting 
as  a  court  of  criminal  judicature,  they  may  order  atten- 
dance ;  unless  where  it  be  a  case  of  impeachment  by  the 
Commons.  There  it  is  to  be  a  request.  3  Hats.  17.  9 
Grey  306,  406.  10  Grey  133.  Counsel  are  to  be  heard 
only  on  private,  not  on  public  bills,  and  on  such  points 
of  law  only  as  the  house  shall  direct.  10  Grey  61. 

SECTION  XIV. 


ARRANGEMENT    OF    BUSINESS. 

The  Speaker  shall  cause  the  clerk  of  the  house  to 
make  a  list  of  all  bills,  resolutions,  reports  of  committees, 
and  other  proceedings  in  the  house,  which  are  commit- 
ted to  a  committee  of  the  whole  house,  and  which  are  not 
made  the  order  of  the  day,  for  any  particular  day,  which 
list  shall  be  called  "  the  general  orders  of  the  day."  R. 
0/4.39. 

On  the  meeting  of  the  house,  after  the  reading  of  the 
journal,  the  presentation  of  petitions  shall  be  first  in. 
order ;  and  it  shall  be  the  duty  of  the  speaker  to  call  for 
the  same. — R.  of  A.  40. 


108  Arrangement  of  Business. 

When  the  house  have  proceeded  to  the  "  general  orders 
of  the  day,"  no  other  business  shall  be  in  order,  until  the 
house  have  disposed  of  the  same  by  lay  ing  them  upon  the 
table,  or  by  postponing  them  until  the  next  day. — R.  of 
A.  41. 

A  settled  order  of  business  is  necessary  for  the  govern- 
ment of  the  presiding  person,  and  to  restrain  individual 
members  from  calling  up  favourite  measures,  or  matters 
under  their  special  patronage,  out  of  their  just  turn.  It 
is  useful  also,  for  directing  the  discretion  of  the  house, 
when  they  are  moved  to  take  up  a  particular  matter,  to 
the  prejudice  of  others  having  priority  of  right  to  their 
attention  in  the  general  order  of  business. 

1.  After  the   reading  and  reference  of  petitions,  how- 
ever,  bills  for  a  second  reading  are  read,  that  they  may 
be  re-committed  to  a  committee  of  the  whole  house,  and 
so  put  under  way. 

Reports  of  committees  are  next  in  order.  These 
should  all  be  delivered  in,  that  the  business  may  take  its 
proper  place  upon  the  general  orders  of  the  day. 

2.  Bills  ready  for  it,  are  read  the  third  time,  and   the 
question  taken  thereon,  which  is  either  to  lie  on  the  table, 
postponed  to  a  day  certain,  to   reject,  to  re-commit,  or 
that  the   same  do  pass.     If  the  latter,  the  speaker  puts 
the  question,  "  Shall  this  bill/ pass?  Gentlemen,  as  many 
as  agree  that   this  bill  do  pass,  will    say   aye — those  op- 
posed  say  no."    The  speaker  then  pronounces  the  vote, 
"  'tis  carried,"  or  "  'tis  lost,"  as  the  case  may  be. 

3.  Bills  and  other  matters  before  the  house,  and  unfin- 
ished on  the  preceding  day,  whether  taken  up  in  turn  or 
on  special  order,    are  entitled  to  be  resumed  and  passed 
on  through  their  present  stage. 

4.  These  matters  being  dispatched,  the  general  orders 
of  the  day  is   again  taken  up,  and  each   article  of  it  is 
brought  on    according   to    its  priority  of  entry  thereon. 
And  although    many  bills  were  passed  over  the  day  pre- 
ceding, the  general  order,  except  as  to  the  unfinished  bu- 
siness, is  to  be  taken  up  from  the  beginning  of  the  list  of 
bills  undisposed  of  by  the  house. 

In  this  way  time  is  not  wasted  in  debating  what  shall 
be  taken  up  ;  one  thing  is  done  at  a  time :  thus  the  house 
follows  up  a  subject  while  it  is  fresh,  and  till  it  is  done 


Order — Order  Respecting  Papers.  10*J 

with;  clears  the  house  of  business  grad  atim,  and  pre- 
vents, to  a  certain  degree,  its  immense  accumulation  to- 
wards the  close  of  the  session. 

Orders  of  the  day  may  be  called  for,  even  when  an- 
other question  is  before  the  house. 

The  order  of  the  day  shall  have  the  preference  to  any 
motion  before  the  house.  R.  of  A.  31. 


SECTION  XV. 


ORDER. 

In  Parliament,  "  instances  make  order"  per  speaker 
Onslow,  2  Hats.  141.  but  what  is  done  only  by  one  Parlia- 
ment, cannot  be  called  custom  of  Parliament,  by  Prynne. 
1  Grey  52. 

SECTION  XVI. 

ORDER    RESPECTING    PAPERS. 

The  clerk  is  to  let  no  journals,  records,  accounts,  or 
papers  be  taken  from  the  table,  or  out  of  his  custody.  2 
Hats.  193,  194. 

Mr.  Prynne  having  at  a  committee  of  the  whole  amend- 
ed a  mistake  in  a  bill  without  order  or  knowledge  of  the 
committee,  wras  reprimanded.  1  Chand.  77. 

A  bill  being  missing,  the  house  resolved  that  a  protes- 
tation should  be  made  and  subscribed  by  the  members 
"before  Almighty  God  and  this  honourable  house,  that 
neither  myself  nor  any  other  to  my  knowledge,  have  ta- 
ken away,  or  do  at  this  present  conceal  a  bill  entitled, 
&c.  5  Grey  202. 

After  a  bill  is  engrossed,  it  is  put  into  the  speaker's 
hands,  and  he  is  not  to  let  any  one  have  it  to  look  into. 
Town,  col  209. 


110  Order  in  Debate. 

SECTION  XVII. 

ORDER    IN    DEBATE. 

When  the  speaker  is  seated  in  his  chair,  every  mem- 
ber is  to  sit  in  his  place.  Scab.  6.  3  Grey  403. 

When  any  member  means  to  speak,  he  is  to  stand  up 
in  his  place,  uncovered,  and  to  address  himself,  not  to 
the  house,  or  any  particular  member,  but  to  the  speaker, 
who  calls  him  by  his  name,  that  the  house  may  take  no- 
tice who  it  is  that  speaks.  Scob.  6.  D'Ewes,  487.  Col.  1. 
2  Hats.  77.  4  Grey  66.  8  Grey  108.  But  members  who 
are  indisposed  may  be  indulged  to  speak  sitting.  2  Hats. 
75,  77.  1  Grey  195. 

Every  member,  previous  to  his  speaking,  shall  rise  from 
his  seat,  and  address  himself  to  the  speaker. — R.  of  A.  6. 

When  a  question  is  under  debate,  no  motion  shall  be 
received,  unless  to  amend  it ;  to  lay  it  on  the  table  ;  to 
commit  it ;  to  postpone  it  to  a  day  certain ;  for  the  pre- 
vious question;  or  to  adjourn. — R.  of  A.  11. 

The  previous  question,  until  it  is  decided,  shall  pre- 
clude all  amendment  and  debate  of  the  main  question, 
and  shall  be  decided  in  this  form — shall  the  main  question 
be  now  put  1 — R.  of  A.  13. 

No  member  shall  speak  more  than  once,  without  leave, 
upon  a  previous  question. — R.  of  A.  14. 

A  motion  for  commitment,  until  it  is  decided,  shall  pre- 
clude all  amendment  of  the  main  question. — R.  of  A.  15. 

When  a  member  stands  up  to  speak,  no  question  is  to 
be  put,  but  he  is  to  be  heard,  unless  the  house  overrule 
him.  4  Grey  390.  5  Grey  6,  143. 

If  two  or  more  rise  to  speak  nearly  together,  the  speak- 
er determines  who  was  first  up,  arid  calls  him  by  name, 
whereupon  he  proceeds,  unless  he  voluntarily  sits  down 
and  gives  way  to  the  other.  But  sometimes  the  house 
does  not  acquiesce  in  the  speaker's  decision,  in  which 
case  the  question  is  put  "which  member  was  first  up  1" 
2  Hats.  76  Scnb.  7.  DJEwes  434.  col.  1.  2. 

In  the  assembly  of  New-York,  when  two  or  more  mem- 
bers rise  at  once,  the  speaker  shall  name  the  member  who 
is  first  to  speak.  R.  of  A.  7. 


Order  in  Debut  r.  Ill 

No  man  may  speak  more  than  owe  to  the  same  bill  on 
the  same  day;  or  even  on  another  day  if  the  debate  be 
adjourned.  But  if  it  be  read  more  than  once  in  the  same 
day,  he  may  speak  once  at  every  reading.  Co.  12,  116. 
JIdkcw.  148.  Scob.  58.  2  Hats.  75.  Even  a  change  of 
opinion  does  not  give  a  right  to  be  heard  a  second  time. 
Smyth  Com tv.  L.  2.  c.  3.  Arcan.  Parl.  17. 

The  corresponding  rule  of  assembly,  is  in  these  words  : 
No  member  shall  speak  more  than  twice  to  the  same  ques- 
tion, without  leave  of  the  house  ;  nor  more  than  once,  un- 
til every  member  choosing  to  speak  shall  have  spoken. — 
R.  of  A.  8. 

But  he  may  be  permitted  to  speak  asrain  to  clear  a 
matter  of  fact.  3  Grey  357,  41C.  Or  merely  to  explain 
himself,  2  Hats.  73.  in  some  material  part  of  his  speech, 
ib.  75.  or  to  the  manner  or  words  of  the  question,  keep- 
ing himself  to  that  only  and  not  travelling  into  the  merits 
of  it ;  Memorials  in  Hakew.  29.  or  to  the  orders  of  the 
house  if  they  be  transgressed,  keeping  within  that  line, 
and  not  falling  into  the  matter  itself.  Mem.  in  Hakew. 
30,  31. 

But  if  the  speaker  rises  to  speak,  the  member  standing 
up  ought  to  sit  down,  that  he  may  be  first  heard.  Town, 
col.  205.  Hale  Parl.  133.  Mem.  in  Hakew.  30,  31.  Nev- 
ertheless, though  the  speaker  may  of  right  speak  to  mat- 
ters of  order  and  be  first  heard,  ne  is  restrained  from 
speaking  on  any  other  subject,  except  where  the  house 
have  occasion  for  facts  within  his  knowledge ;  then  he 
may,  with  their  leare,  state  the  matter  of  fact.  3  Grey  38. 

No  one  is  to  speak  impertinently  or  beside  the  ques- 
tion, superfluously  or  tediously.  Scoo.  31  33.  2  Hats. 
166,  168.  Hale  Parl.  133. 

No  person  is  to  use  indecent  language  against  the  pro- 
ceedingsof  the  house,  no  prior  determination  of  which  is 
to  be  reflected  on  by  any  member,  unless  he  means  to 
conclude  with  a  motion  to  rescind  it.  2  Hats.  169,  170. 
Rushw.  P.  3.  v.  1.  fol.  42.  But  while  a  proposition  is 
under  consideration,  is  still  in  fieri,  though  it  has  even 
been  reported  by  a  committee,  reflections  on  it  are  no 
reflections  on  the  house.  9  Grey  508. 

No  person  in  speaking,  is  to  mention  a  member  then 
present  by  his  name ;  but  to  describe  him  by  his  seat  in 


112  Order  in  Delate. 

the  house,  or  who  spoke  last,  or  on  the  other  side  of  the 
question,  &c.  Mem.  in  Hakeic.  3  Smyth1  s  Comw.  L.  2. 
c.  3.  nor  to  digress  from  the  matter  to  fall  upon  the  per- 
son, Scob.  31.  Hale  Parl  133.  2  Hats.  166.  by  speak- 
ing, reviling,  nipping,  or  unmannerly  words  against  a 
particular  member.  Smyth's  Comw.  L.  2  c.  3.  The  con- 
sequences of  a  measure  may  be  reprobated  in  strong 
terms;  but  to  arraign  the  motives  of  those  who  propose 
or  advocate  it,  is  a  personality,  and  against  order.  Qui 
digreditur  a  materia  ad  personam,  Mr.  Speaker  ought  to 
suppress.  Ord.  Com.  1604.  Apr.  19. 

While  the  speaker  is  putting  a  question,  no  member 
shall  walk  out  of,  or  across  the  house,  nor  when  a  mem- 
ber is  speaking,  shall  any  member  entertain  any  private 
discourse,  or  pass  between  him  and  the  chair. — R.  of 
A.  19. 

No  one  is  to  disturb  another  in  his  speech  by  hissing, 
coughing,  spitting,  6  Grey  332.  Scob.  8.  D'Ewes  332.  col. 
1.  640.  col.  2.  speaking  or  whispering  to  another;  Scob. 
6.  D'Ewes  487.  col.  1.  nor  to  stand  up  or  interrupt  him  ; 
Town.  col.  205,  Mem.  in  Hakew.  31.  nor  to  pass  between 
the  speaker  and  the  speaking  member,  nor  to  go  across 
the  house  ;  Scob.  6.  or  to  walk  up  and  down  it,  or  to 
take  books  or  papers  from  the  table,  or  write  there.  2 
Hats.  171. 

Nevertheless,  if  a  member  finds  that  it  is  not  the  in- 
clination of  the  house  to  hear  him,  and  that  by  conver- 
sation or  any  other  noise  they  endeavor  to  drown  his 
voice,  it  is  his  most  prudent  way  to  submit  to  the  pleas- 
ure of  the  house,  and  sit  down  :  for  it  scarcely  ever  hap- 
pens that  they  are  guilty  of  this  piece  of  ill  manners  with- 
out sufficient  reason,  or  inattentive  to  a  member  who  says 
any  thing  worth  their  hearing.  2  Hats.  77,  78. 

If  repeated  calls  do  not  produce  order,  the  speaker 
may  call  by  his  name  any  member  obstinately  persisting 
in  irregularity,  whereupon  the  house  may  require  the 
member  to  withdraw.  He  is  then  to  be  heard  in  excul- 
pation, and  to  withdraw.  Then  the  speaker  states  the 
offence  committed,  and  the  house  considers  the  degree 
of  punishment  they  will  inflict.  2  Hats.  167,  7,  8,  172. 

For  instances  of  assaults  and  affrays  in  the  house  of 
commons,  and  the  proceedings  thereon,  see  1  Pet.  Mise. 


Order  in  Debate,  113 

S\».  :5  Gmj  128.  4  Grey  328.  5  Grey  382.  6  Grey  254, 
10  Grry  S.  Whenever  warm  words,  or  an  assault,  have 
passed  between  members,  the  house,  for  the  protection  of 
their  members,  requires  them  to  declare  in  their  places 
not  to  prosecute  any  quarrel ;  3  Grey  128,  293.  5  Grey 
289.  or  orders  them  to  attend  the  speaker,  who  is  to  ac- 
commodate their  differences  and  report  to  the  house  ;  3 
Grey  419.  and  they  are  put  under  restraint  if  they  re- 
fuse, or  until  they  do.  9  Grey  234,  312. 

Disorderly  words  are  not  to  be  noticed  till  the  member 
has  finished  his  speech.  5  Grey  356.  6  Grey  60.  Then 
the  person  objecting  to  them,  and  desiring  them  to  be 
taken  down  by  the  clerk  at  the  table,  must  repeat  them. 
The  speaker  then  may  direct  the  clerk  to  take  them  down 
in  his  minutes.  But  if  he  thinks  them  not  disorderly,  he 
delays  the  direction.  If  the  call  becomes  pretty  general, 
he  orders  the  clerk  to  take  them  down,  as  stated  by  the 
objecting  member.  They  are  then  part  of  his  minutes, 
and  when  read  to  the  offending  member,  he  may  deny 
they  were  his  words,  and  the  house  must  then  decide  by 
a  question  whether  they  are  his  words  or  not.  Then 
the  member  may  justify  them,  or  explain  the  sense  in 
which  he  used  them,  or  apologize.  If  the  house  is  satis- 
fied, no  farther  proceeding  is  necessary.  But  if  two 
members  still  insist  to  take  the  sense  of  the  house,  the 
member  must  withdraw,  before  that  question  is  stated, 
and  then  the  sense  of  the  house  is  to  be  taken.  2  Hats. 
199.  4  Grey  170.  6  Grey  59.  When  any  member  has 
spoken,  or  other  business  intervened  after  offensive  words 
spoken,  they  cannot  be  taken  notice  of  for  censure.  And 
this  is  for  the  common  security  of  all,  and  to  prevent 
mistakes  which  must  happen  if  words  are  not  taken  down 
immediately.  Formerly  they  might  be  taken  down  any 
time  the  same  day.  2  Hats.  196.  Mem.  in  Hakew.  71. 
3  Grey  48.  9  Grey  514. 

Disorderly  words  spoken  in  a  committee  must  be  writ- 
ten down  as  in  the  house ;  but  the  committee  can  only 
report  them  to  the  house  for  animadversion.  6  Grey  46. 

In  parliament,  to  speak  irreverently  or  seditiously 
against  the  king  is  against  order.  Smyth's  Comic.  L.  2, 
c.  3.  2  Hats.  170, 


114  Order  in  Debate. 

It  is  a  breach  of  order  in  debate  to  notice  what  has 
been  said  on  the  same  subject  in  the  other  house,  or  the 
particular  votes  or  majorities  on  it  there ;  because  the 
opinion  of  each  house  should  be  left  to  its  own  indepen- 
dency, not  to  be  influenced  by  the  proceedings  of  the 
other ;  and  the  quoting  them  might  beget  reflections 
leading  to  a  misunderstanding  between  the  two  houses. 
8  Grey  22. 

Neither  house  can  exercise  any  authority  over  a  mem- 
ber or  officer  of  the  other,  but  should  complain  to  the 
house  of  which  he  is,  and  leave  the  punishment  to  them. 
Where  the  complaint  is  of  words  disrespectfully  spoken 
by  a  member  of  another  house,  it  is  difficult  to  obtain 
punishment,  because  of  the  rules  supposed  necessary  to 
be  observed  (as  to  the  immediate  noting  down  of  words) 
for  the  security  of  members.  Therefore  it  is  the  duty  of 
the  house,  and  more  particularly  of  the  speaker,  to  in- 
terfere immediately  and  not  to  permit  expressions  to  go 
unnoticed  which  may  give  a  ground  of  complaint  to  the 
other  house,  and  introduce  proceedings  and  mutual  accu- 
sations between  the  two  houses,  which  can  hardly  be  ter- 
minated without  difficulty  and  disorder.  3  Hats.  51. 
f  No  member  may  be  present  when  a  bill  or  any  business 
V  concerning  himself  is  debating ;  nor  is  any  member  to 
speak  to  the  merits  of  it  till  he  withdraws.  2  Hats.  219. 
The  rule  is,  that  if  a  charge  against  a  member  arise  out 
of  a  report  of  a  committee,  or  examination  of  witnesses 
in  the  house,  as  the  member  knows  from  that  to  what 
points  he  is  to  direct  his  exculpation,  he  may  be  heard 
to  those  points,  before  any  question  is  moved  or  stated 
against  him.  He  is  then  to  be  heard,  and  withdraw  be- 
fore any  question  is  moved.  But  if  the  question  itself  is 
the  charge,  as  for  breach  of  order,  or  matter  arising  in 
the  debate,  there  the  charge  must  be  stated,  that  is,  the 
question  must  be  moved,  himself  heard,  and  then  to  with- 
draw. ZHats.  121,  122. 

Where  the  private  interests  of  a  member  are  concerned 
in  a  bill  or  question,  he  is  to  withdraw.  And  where  such 
an  interest  has  appeared,  his  voice  has  been  disallowed, 
even  after  a  division.  In  a  case  so  contrary  not  only  to 
the  laws  of  decency,  but  to  the  fundamental  principle  of 
the  social  compact,  which  denies  to  any  man  to  be  a 


Orders  of  the  House.  115 

in  his  own  cause,  it  is  for  the  honor  of  the  house 
this  rule,  of  immemorial  observance,  should  be  strict- 
ly adhered  to.     2  Hats.  119,  121.  6  Grey  368. 

No  member  is  to  come  into  the  house  with  his  head 
•  'i,  nor  to  remove  from  one  place  to  another  with 
, '  <>n,  nor  is  to  put  on  his  hat  in  coming  in,  or  remov- 
ing, until  he  be  set  down  in  his  place.     Scab.  6. 

A  question  of  order  may  be  adjourned  to  give  time  to 
look  into  precedents.  2  Hats.  118. 

In  the  assembly  of  New-York,  every  question  of  order 
is  to  be  decided  by  the  Speaker. 

A  member  called  to  order,  shall  immediately  sit  down, 
unless  permitted  to  explain ;  and  the  house,  if  appealed 
to,  shall  decide  on  the  case,  but  without  debate  ;  if  there 
be  no  appeal,  the  decision  of  the  chair  shall  be  submitted 
to.  R.  of  A.  20. 

In  parliament,  all  decisions  of  the  speaker  maybe  con- 
trouled  by  the  house.  3  Grey  319. 

SECTION  XVIII. 


ORDERS    OF    THE    HOUSE. 

Of  right,  the  door  of  the  house  ought  not  to  be  shut, 
but  to  be  kept  by  porters,  or  sergeants  at  arms,  assigned 
for  that  purpose.  Mod.  Ten.  Parl.  23. 

Each  house  shall  keep  a  journal  of  its  proceedings, 
and  publish  the  same,  except  such  parts  as  may  require 
secrecy.  The  doors  of  each  house  shall  be  kept  open, 
except  when  the  public  welfare  shall  require  secrecy. 
Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  two  days.  Const.  Art.  1,  Sec.  4. 

Every  order,  resolution,  and  vote,  to  which  the  con- 
currence of  the  senate  shall  be  necessary,  shall  be  read 
to  the  house,  and  laid  upon  the  table,  on  a  day  preceding 
that  in  which  the  same  be  moved,  unless  the  house  shall 
otherwise  allow.  R.  of  A.  16. 

The  order  of  the  day  shall  have  the  preference  to  any 
motion  before  the  house.  R.  of  A.  31. 

By  the  rules  of  the  senate  of  the  United  States,  on 
motion  made  and  seconded,  to  shut  the  doors  of  the  se- 


116  Orders  of  the  Home. 

nate  on  the  discussion  of  any  business  which  may  in  the 
opinion  of  a  member  require  secrecy,  the  president  shall 
direct  the  gallery  to  be  cleared,  and  during  the  discussion 
of  such  motion,  the  doors  shall  remain  shut.  Rule  28. 

No  motion  shall  be  deemed  in  order,  to  admit  any  per- 
son or  persons  whatever,  within  the  doors  of  the  senate 
chamber,  to  present  any  petition,  memorial,  or  address, 
or  to  hear  any  such  read.  Rule  29. 

The  only  case  where  a  member  has  a  right  to  insist  on 
any  thing1  is,  wiK're  he  calls  for  the  execution  of  a  sub- 
sisting ol'der  of  the  house.  Here,  there  having  been 
already  a  resolution,  any  member  has  a  right  to  insist 
that  the  speaker,  or  any  other  whose  duty  it  is,  shall  car- 
ry it  into  execution;  and  no  debate  or  delay  can  be  had 
on  it.  Thus  anv  member  has  a  right  to  have  the  house 
or  gallery  cleared  of  strangers,  an  order  existing  for  that 
purpose;  or  to  have  the  house  told  when  there  is  not  a 
quorum  present.  2  Hats.  87,  129.  How  far  an  order 
of  the  house  is  binding,  see  Hakcw.  392. 

But  where  an  order  is  made  that  any  particular  mat- 
ter be  taken  up  on  a  particular  day,  there  a  question  is 
to  be  put  when  it  is  called  for,  whether  the  house  will 
now  proceed  to  that  matter  ?  Where  orders  of  the  day 
are  on  important  or  interesting  matter,  they  ought  not 
to  be  proceeded  on  till  an  hour  at  which  the  house  is 
usually  full,  (which  in  senate  is  at  noon.) 

Orders  of  the  day  may  be  discharged  at  anytime,  and 
a  new  one  made  for  a  different  day.  3  Grey  48,  313. 

When  a  session  is  drawing  to  a  close,  and  the  impor- 
tant bills  are  all  brought  in,  the  house,  in  order  to  prevent 
interruption  by  further  unimportant  bills,  sometimes  come 
to  a  resolution  that  no  new  bill  be  brought  in,  except  it  be 
sent  from  the  other  house.  3  Grey  156. 

All  orders  of  the  house  determine  with  the  session  ; 
and  one  taken  under  such  an  order,  may,  after  the  ses- 
sion is  ended,  be  discharged  on  a  habeas  corpus.  Rayrn. 
120.  Jacob's  L.  D.  l)\j  Ruff-head.  Parliament,  1  Lev.  105. 
Prichard's  rase. 

Where  the  constitution  authorises  each  house  to  de- 
termine the  rules  of  its  proceedings,  it  must  menn  in 
those  cases  legislative,  executive,  or  judiciary,  submitted 
to  them  by  the  constitution,  or  in  something  relating  to 


Petition — Motions.  117 

these,  and  necessary  towards  their  execution.  But  or- 
ders and  resolutions  are  sometimes  entered  in  the  jour- 
nals, having  no  relation  to  these,  such  as  acceptances  of 
invitations  to  attend  orations,  to  take  part  in  processions, 
&.c.  These  must  be  understood  to  be  merely  conven- 
tional among  those  who  are  willing  to  participate  in  the 
ceremony,  and  are  therefore,  perhaps,  improperly  placed 
among  the  records  of  the  house. 

SECTION  XIX. 

PETITIONS. 

A  petition  prays  something.  A  remonstrance  has  no 
prayer.  1  Grey  58. 

Petitions  must  be  subscribed  by  the  petitioners,  Scab. 
87  L.  Parl.  c.  22.  9  Grey  362.  unless  they  are  attending, 
1  Grey  401,  or  unable  to  sign,  and  averred  by  a  member. 
3  Grey  418.  But  a  petition  not  subscribed,  but  which 
the  member  presenting  it  affirmed  to  be  all  in  the  hand 
writing  of  the  petitioner,  and  his  name  written  in  the 
beginning,  was  on  the  question  (March  14, 1800)  receiv- 
ed by  the  United  States  senate.  The  averment  of  a 
member,  or  of  somebody  without  doors,  that  they  know 
the  hand  writing  of  the  petitioners,  is  necessary  if  it  be 
questioned.  6  Grey  36.  It  must  be  presented  by  a 
member,  not  by  the  petitioners,  and  must  be  opened  by 
him,  holding  it  in  his  hand.  10  Grey  57. 

Petitions,  memorials,  and  other  papers,  addressed  to 
thehouse,  shall  be  presented  by  the  speaker,  or  by  a 
member  in  his  place.  It.  of  A.  17. 

On  the  meeting  of  the  house,  after  the  reading  of  the 
journal,  the  presentation  of  petitions  shall  be  first  in 
order ;  and  it  shall  be  the  duty  of  the  speaker  to  call  for 
the  same,  R.  of  A.  40. 

No  private  bill  shall  be  brought  into  the  house,  but  upon 
a  petition  signed  by  the  parties  who  are  suitors  therefor, 
first  presented.  R.  of  A.  45. 

Every  member,  previous  to  presenting  a  petition,  shall 
endorse  his  name  on  the  back  of  the  same.  R.  of  A.  51. 

Regularly  a  motion  for  receiving  it  mast  be  made  and 
L 


118  Motions. 

seconded,  and  a  question  put  whether  it  shall  be  receiv- 
ed ?  But  a  cry  from  the  house  of  "  received,"  or  even  its- 
silence,  dispenses  with  the  formality  of  this  question.  It 
is  then  to  be  read  at  the  table  and  disposed  of. 

SECTION  XX. 

MOTIONS. 

When  a  motion  has  been  made,  it  is  not  to  be  put  to 
the  question  or  debated,  until  it  is  seconded.  Scob.  21. 

The  senate  of  the  United  States  say,  no  motion  shall 
be  debated  until  the  same  shall  be  seconded.  Rule  6. 

It  is  then  and  not  till  then  in  possession  of  the  house, 
and  cannot  be  withdrawn  but  by  leave  of  the  house.  It 
is  to  be  put  into  writing,  if  the  house  or  speaker  require 
it,  and  must  be  read  to  the  house  by  the  speaker  as  often 
as  any  member  desires  it  for  his  information.  2  Hats.  82. 

No  motion  shall  be  debated  or  put,  unless  the  same  be 
seconded :  when  a  motion  is  seconded,  it  must  be  stated 
by  the  speaker  before  debate ;  and  every  such  motion 
shall  be  reduced  to  writing,  if  the  speaker  or  any  member 
desire  it.  JR.  of  A.  9. 

After  a  motion  is  stated  by  the  speaker,  it  shall  be 
deemed  to  be  in  possession  of  the  house ;  but  may  be 
withdrawn  at  any  time  before  decision  or  amendment. 
—R.ofA.  10. 

A  motion  to  adjourn  shall  be  always  in  order,  and 
shall  be  decided  without  debate.  R.  of  A.  12. 

A  motion  for  commitment,  until  it  is  decided,  shall 
preclude  all  amendment  of  the  main  question.  R.  of 
A.  15. 

A  motion  that  the  chairman  leave  the  chair,  shall  al- 
ways be  in  order,  and  shall  take  place  of  any  other  mo- 
tion. R.  of  A.  32. 

The  order  of  the  day  shall  have  the  preference  to  any 
^notion  before  the  house.  R.  of  A.  31. 

No  motion  for  reconsideration  shall  be  in  order,  unless 
on  the  same  day,  or  day  following  that  on  which  the  de- 
cision proposed  to  be  reconsidered  took  place,  nor  unless 
oao  of  the  majority  shall  move  such  reconsideration.  A 


Resolutions*  1 19 

Tnotion  for  reconsideration  being  put,  and  lost,  shall  not 
be  renewed  ;  nor  shall  any  subject  be  a  second  time  re- 
considered, without  unanimous  consent.  72.  of  A.  34. 

On  a  motion  in  committee  of  the  whole  house,  to  rise 
and  report,  the  question  shall  be  decided  without  de- 
bate. R.  of  A.  53. 

A  motion  to  reconsider  the  vote  upon  the  final  pas- 
sage of  any  bill,  requiring  the  assent  of  two-thirds  of 
all  the  members  elected  to  this  house,  shall  be  made  by 
a  member  who  voted  against  the  bill ;  and  two-thirds  cf 
the  members  present  shall  be  required  to  reconsider  the 
same.  R.  of  A.  54. 

It  might  be  asked  whether  a  motion  for  adjournment  \ 
or  for  the  orders  of  the  day,  can  be  made  by  one  mem-  / 
ber,  while  another  is  speaking  ?  It  cannot.     When  two/ 
members  offer  to  speak,  he  who  rose  first  is  to  be  heard, 
and  it  is  a  breach  of  order  in  another  to  interrupt  him, 
unless  by  calling  him  to  order,  if  he  departs  from  it. 
And  the  question  of  order  being  decided,  he  is  still  to  be 
heard  through.     A  call  for  adjournment,  or  for  the  order 
of  the  day,  or  for  the  question,  by  gentlemen  from  their 
seats,  is  not  a  motion.     No  motion  can  be  made  without 
rising  and  addressing  the  chair.     Such  calls  are  them- 
selves breaches  of  order,  which  though  the  member  who 
has  risen  may  respect,  as  an  expression  of  the  impatience 
of  the  house  against  further  debate,  yet,  if  he  chooses, 
he  has  a  right  to  go  on. 

SECTION  XXI. 

RESOLUTIONS. 

When  the  house  commands,  it  is  by  an  "  order.'*  But 
facts,  principles,  their  own  opinions,  and  purposes,  are 
expressed  in  the  form  of  resolutions. 

All  resolutions  offered  must  be  proposed  and  read 
through  at  the  place  of  the  member  moving  the  same, 
then  handed  to  the  speaker,  by  him  announced,  and  then 
read  through  by  the  clerk. 

In  practice,  there  are  three  kinds  of  resolutions. 

JL.  Resolutions  of  the  house  not  concurrent. 


120  Sills,  leave  to  bring  iu. 

2.  Resolutions  of  the  house  concurrent. 

3.  Resolutions  from  senate  concurrent. 

The  first  of  these  may  be  considered  whenever  the 
Jhouse  shall  direct. 

The  second  is  governed  by  the  following  rule  : 

Every  order,  resolution  and  vote,  to  which  the  concur- 
rence of  the  senate  shall  be  necessary,  shall  be  read  to 
the  house,  and  laid  upon  the  table,  on  a  day  preceding 
that  in  which  the  same  be  moved,  unless  the  house  shall 
otherwise  allow.  R.  of  A.  16. 

It  has  been  usual  under  this  rule,  to  decide  that  such 
14  allowance"  must  be  unanimous,  unless  the  rule  be  dis- 
pensed with. 

Resolutions  concurrent,  from  the  senate,  it  has  been 
supposed,  do  not  come  within  this  rule ;  but  that  they 
may  be  acted  upon  as  soon  as  received.  This,  however, 
is  incorrect. 

SECTION  XXII. 

BILLS,    LEAVE   TO   BRING   IN. 

Every  bill  shall  be  introduced  by  motion  for  leave,  or 
by  an  order  of  the  house  on  the  report  of  a  committee, 
and  one  day's  notice  at  least  shall  be  given  of  a  motion 
to  bring  in  a  bill,  unless  the  house  unanimously  allow  the 
same  to  be  brought  in  without  such  previous  notice.  H. 
of  A.M. 

When  a  member  desires  to  bring  in  a  bill  on  any  sub- 
ject, he  states  to  the  house  in  general  terms  the  causes 
for  doing  it,  and  concludes  by  moving  for  leave  to  bring 
in  a  bill  entitled,  &c.  Leave  being  given,  on  the  ques- 
tion, a  committee  is  appointed  to  prepare  and  bring  in 
the  bill.  The  mover  and  seconder  are  always  appointed 
of  this  committee,  and  one  or  more  in  addition.  Hakew* 
132.  Scob.40. 

It  is  to  be  presented  fairly  written,  without  any  erasure 
or  interlineation,  or  the  speaker  may  refuse  it.  Scob. 
41.  !GVey32,  84. 

The  printed  copies  of  bills  which  are  brought  into  this 
house,  by  any  member  or  committee,  and  ordered  to  be 


Bills,  Jirst  reading  —  Bills,  second  reading.         121 

printed,  shall  contain  the  name  of  the  member  or  com- 
mittee bringing  in  or  reporting  such  bill.     JR.  of  A.  22. 

SECTION  XXII. 

BILLS,    FIRST    READING. 

When  a  bill  is  first  presented,  the  clerk  reads  it  at  the 
table,  and  hands  it  to  the  speaker,  who  rising  states  to 
the  house  the  title  of  the  bill,  that  this  is  the  first  time  of 
reading  it,  and  the  question  will  be  whether  it  shall  be 
read  a  second  time  ?  Then  sitting  down  to  give  an  open- 
ing for  objections  :  if  none  be  made,  he  rises  again  and 
puts  the  question  whether  it  shall  be  read  a  second  time  ? 
Hakcw.  137,  141.  A  bill  cannot  be  amended  at  the  first 
reading,  6  Grey  236,  nor  is  it  usual  for  it  to  be  opposed 
then  ;  6zrf  it  may  be  done  and  rejected.  D'Ewes  335.  col 


SECTION  XXIV. 

BILLS,    SECOND    READING. 

Every  bill  shall  receive  three  several  readings  previous 
to  its  being  passed  ;  and  the  second  and  third  reading 
shall  be  on  different  days,  and  the  third  reading  shall  be 
on  a  day  subsequent  to  that  in  which  it  has  passed  a 
committee  of  the  whole  house,  unless  the  house  unani- 
mously direct  otherwise.  R.  of  A.  23. 

No  bill  shall  be  committed  or  amended,  until  it  has 
been  twice  read.  R.  of  A.  24. 

The  second  reading  must  regularly  be  on  another  day. 
Hakew.  143.  It  is  done  by  the  clerk  at  the  table,  who 
then  hands  it  to  the  speaker.  The  speaker,  rising,  states 
to  the  house  the  title  of  the  bill,  that  this  is  the  second 
time  of  reading  it,  and  that  the  question  will  be  whether 
it  shall  be  committed,  or  engrossed  and  read  a  third  time  ? 
But  if  the  bill  came  from  the  other  house,  as  it  always 
comes  engrossed,  he  states  that  the  question  will  be 
whether  it  shall  be  read  a  third  time  ?  and  before  he  has 

L2 


1*28  Bills,  Commitment. 

so  reported  the  state  of  the  bill,  no  one  is  to  speak  to  it. 
Hauew.  143,  146. 

In  the  assembly,  the  speaker  reports  the  title  of  the  bill ; 
that  this  is  the  second  time  of  reading  it.  Bills  are  often 
read  first  and  second  time  by  their  title,  by  unanimous 
consent  of  the  house :  and  after  second  reading,  the 
speaker  puts  this  question,  "  Shall  this  bill  be  committed 
to  a  committee  of  the  whole  house  ?"  "  Gentlemen,  as 
many  as  agree  thereto,  vvill  please  to  say  aye — those 
opposed,  will  please  to  say  no."  He  then  pronounces 
it  "  carried"  or  "  lost,"  as  the  case  may  be. 

SECTION  XXV. 

BILLS,    COMMITMENT. 

No  bill  shall  be  amended  or  committed  until  it  has 
been  twice  read. — R.  of  A.  24. 

A  motion  for  commitment,  until  it  is  decided,  shall  pre- 
elude  all  amendment  of  the  main  question. — R.  of  A.  15. 

If  on  motion  and  question  it  be  decided,  that  the  bill 
shall  be  committed,  it  may  then  be  moved  to  be  referred 
to  a  committee  of  the  whole  house,  or  to  a  special  com- 
mittee. If  the  latter,  the  speaker  proceeds  to  name  the 
committee.  Any  member  also  may  name  a  single  per- 
son, and  the  clerk  is  to  write  him  down  as  of  the  commit- 
tee. But  the  house  have  a  controuling  power  qver  the 
names  and  number,  if  a  question  be  moved  against  any 
one,  and  may  in  any  case  put  in  and  put  out  whom  they 
please. 

Those  who  take  exceptions  to  some  particulars  in  the 
bill,  are  to  be  of  the  committee.  But  none  who  speak 
directly  against  the  body  of  the  bill  For  he  that  would 
totally  destroy,  will  not  amend  it.  Hakew.  146.  Town, 
col  208.  D'Ewes,  634.  col.  2  £t-A  47.  or  as  is  said,  5 
Grey  145,  the  child  is  not  to  be  put  to  a  nurse  that  cares 
not  for  it.  6  Grey  373.  It  is  therefore  a  constant  rule 
"  that  no  man  is  to  be  employed  in  any  matter  who  has 
declared  himself  against  it."  And  when  any  member 
who  is  against  the  bill  hears  himself  named  of  its  com- 
mittee, he  ought  to  ask  to  be  excused.  Thus  March  7, 


Biffs,  Commitment.  123 

1606,  Mr.  Hadley  was,  on  the  question's  being  put,  ex- 
cused from  being  of  a  committee,  declaring  himself  to  be 
against  the  matter  itself.  Scab.  46. 

All  committees  are  appointed  by  the  speaker,  under 
the  sanction  of  the  house. 

The  clerk  may  deliver  the  bill  to  any  member  of  the 
committee.  Town.  col.  138.  But  it  is  usual  to  deliver 
it  to  him  who  is  first  named. 

In  some  cases,  the  house  has  ordered  a  committee  to 
withdraw  immediately  into  the  committee  chamber,  and 
act  on,  and  bring  back  the  bill,  sitting  the  house.  Scob.  48. 

A  committee  meets  when  and  where  they  please,  if  the 
house  has  not  ordered  time  and  place  for  them.  6  Grey 
370.  But  they  can  only  act  when  together,  and  not  by 
separate  consultation  and  consent ;  nothing  being  the  re- 
port of  the  committee  but  what  has  been  agreed  to  in 
committee  actually  assembled. 

A  majority  of  the  committee  constitutes  a  quorum  for 
business.  Elsynge's*  Method  of  passing  Bills.  11. 

Any  member  of  the  house  may  be  present  at  any  select 
committee,  but  cannot  vote,  and  must  give  place  to  all  of 
the  committee,  and  sit  below  them.  Elsynge  12.  Scob.  49. 

But  in  1626,  April  24,  the  house  of  commons  resolved, 
that  though  any  members  may  be  present  at  the  examin- 
ation of  witnesses,  they  may  not  be  at  the  debate,  dispo- 
sition or  penning  of  the  business  by  the  select  committee. 
4  Hats.  124. 

The  committee  have  full  power  over  the  bill,  or  other 
paper  committed  to  them,  except  that  they  cannot  change 
the  title  or  subject.  8  Grey  228. 

The  paper  before  a  committee,  whether  select,  or  of 
the  whole,  may  be  a  bill,  resolutions,  draught  of  an  ad- 
dress, &c.  and  it  may  either  originate  with  them,  or  be 
referred  to  them.  In  every  case,  the  whole  paper  is  read 
first  by  the  clerk,  and  then  by  the  chairman,  by  para- 
graphs. Scob.  49.  pausing  at  the  end  of  each  paragraph, 
and  putting  questions  for  amending,  if  proposed.  In  the 
case  of  resolutions  on  distinct  subjects,  originating  with 
themselves,  a  question  is  put  on  each  separately,  as 
amended,  or  unamended,  and  no  final  question  on  the 
whole ;  3  Hats.  276.  but  if  they  relate  to  the  same  sub- 
ject, a  question  is  put  on  the  whole.  If  it  be  a  bill, 


124  Bills,  Commitment. 

draught  of  an  address,  or  other  paper  originating  with 
them,  they  proceed  by  paragraphs,  putting  questions  for 
amending,  either  by  insertion  or  striking  out,  if  proposed  ; 
but  no  question  on  agreeing  to  the  paragraphs  separately. 
This  is  reserved  to  the  close,  when  a  question  is  put  on 
the  whole,  for  agreeing  to  it  as  amended  or  unamended, 
But  if  it  be  a  paper  referred  to  them,  they  proceed  to 
put  questions  of  amendment,  if  proposed,  but  no  final 
question  on  the  whole ;  because  all  parts  of  the  paper 
having  been  adopted  by  the  house,  stand  of  course,  un- 
less altered,  or  struck  out  by  a  vote.  Even  if  they  a,re 
opposed  to  the  whole  paper,  and  think  it  cannot  be  made 
good  by  amendments,  they  cannot  reject  it,  but  must  re- 
port it  back  to  the  house  without  amendments,  and  there 
make  their  opposition. 

The  natural  order  in  considering  and  amending  any 
paper  is,  to  begin  at  the  beginning,  and  proceed  through 
it  by  paragraphs  ;  and  this  order  is  so  strictly  adhered  to 
in  parliament,  that  when  a  latter  part  has  been  amended, 
you  cannot  recur  back  and  make  any  alteration  in  a  for- 
mer part.  2  Hats.  90.  In  numerous  assemblies  this  re- 
straint is  doubtless  important.  But  in  senate  of  the 
United  States,  though  in  the  main  they  consider  and 
amend  the  paragraphs  in  their  natural  order,  yet  recur- 
rences are  indulged ;  and  they  seem  on  the  whole,  in 
that  small  body,  to  produce  advantages  overweighing 
their  inconveniences. 

To  this  natural  order  of  beginning  at  the  beginning, 
there  is  a  single  exception  found  in  parliamentary  usage. 
When  a  bill  is  taken  up  in  committee,  or  on  its  second 
reading,  they  postpone  the  preamble,  till  the  other  parts 
of  the  bill  are  gone  through.  The  reason  is,  that  on  con- 
sideration of  the  body  of  the  bill,  such  alterations  may 
therein  be  made  as  may  also  occasion  the  alteration  of 
the  preamble.  Scob.  50.  7  Grey  431. 

On  this  head  the  following  case  occurred  inU.  S.  Sen- 
ate, March  6,  1800.  A  resolution,  which  had  no  pream- 
ble, having  been  already  amended  by  the  house,  so  that 
a  few  words  only  of  the  original  remained  in  it,  a  motion 
was  made  to  prefix  a  preamble,  which  having  an  aspect 
very  different  from  the  resolution,  the  mover  intimated 
that  he  should  afterwards  propose  a  correspondent  a- 


Bills,  Commitment.  125 

mendment  in  the  body  of  the  resolution.  It  was  object- 
ed that  a  preamble  could  not  be  taken  up  till  the  body  of 
the  resolution  is  done  with.  But  the  preamble  was  re- 
ceived ;  because  we  are  in  fact  through  the  body  of  the 
resolution,  we  have  amended  that  as  far  as  amendments 
have  been  offered,  and  indeed  till  little  of  the  original  is 
left.  It  is  the  proper  time,  therefore,  to  consider  a  pre- 
amble :  and  whether  the  one  offered  be  consistent  with 
the  resolution,  is  for  the  house  to  determine.  The  mov- 
er indeed,  has  intimated,  that  he  shall  offer  a  subsequent 
proposition  for  the  body  of  the  resolution  :  but  the  house 
is  not  in  possession  of  it;  it  remains  in  his  breast,  and 
may  be  withheld.  The  rules  of  the  house  can  only  oper- 
ate on  what  is  before  them.  The  practice  too  of  the 
senate  of  the  United  States,  allows  recurrences  back- 
wards and  forwards,  for  the  purpose  of  amendment,  not 
permitting  amendments  in  a  subsequent,  to  preclude 
those  in  a  prior  part,  or  e  converse. 

When  the  committee  is  through  the  whole,  a  member 
moves  that  the  committee  may  rise,  and  the  chairman  re- 
port the  paper  to  the  house,  with,  or  without  amend- 
ments, as  the  case  may  be.  2  Hats.  289,  292.  Scob.  53. 
2  Hats.  290.  8  Scob.  50. 

"When  a  vote  is  once  passed  in  a  committee,  it  cannot 
be  altered  but  by  the  house,  their  votes  being  binding  on 
themselves.  1607,  June  4. 

The  committee  may  not  erase,  interline,  or  blot  the 
bill  itself;  but  must  in  a  paper  by  itself,  set  down  the 
amendments,  stating  the  words  which  are  to  be  inserted 
or  omitted ;  Scob.  50.  and  where,  by  references  to  the 
page,  line  and  word  of  the  bill.  Scob.  50. 

In  forming  a  committee  of  the  whole  house,  the  speaker 
shall  leave  the  chair,  and  a  chairman  shall  be  appointed 
to  preside. — jR.  of  A.  25. 

The  following  are  the  rules  of  the  assembly  of  New- 
York  on  this  subject : 

No  member  shall  speak  more  than  twice  to  the  same 
question,  without  leave  of  the  house  ;  nor  more  than  once, 
until  every  member  choosing  to  speak  shall  have  spoken. 
R.ofA.S. 

Bills  committed  to  a  committee  of  the  whole  house,  shall 
be  first  read  through  by  the  clerk,  and  then  read  and  de- 


126  Bills,  Commitment. 

bated  by  clauses,  leaving  the  preamble  to  be  last  consid- 
ered :  All  amendments  shall  be  entered  on  a  separate 
piece  of  paper,  and  so  reported  to  the  house  by  the  chair- 
man standing  in  his  place  ;  after  the  report,  the  bill  shall 
be  subject  to  debate  and  amendment  before  the  question 
to  engross  it  be  taken.  R.  of  A.  26. 

All  questions,  whether  in  committee  or  in  the  house, 
shall  be  put  in  the  order  they  were  moved  :  except  that 
in  filling  up  blanks,  the  largest  sum  and  longest  time  shall 
be  first  put.  R.  ofA.Z7. 

A  similar  mode  of  proceeding  shall  be  observed  with 
bills  which  have  originated  in,  and  have  passed  the  sen- 
ate, as  with  bills  originating  in  the  house.  R.  of  A.  28. 

Upon  a  division,  in  the  house,  the  names  of  those  who 
vote  for,  and  those  who  vote  against  the  question,  shall 
be  entered  upon  the  minutes,  if  any  ten  members  require. 
it.  R.  of  A.  30. 

That  in  all  cases  where  a  bill,  order,  resolution,  or  mo- 
tion, shall  be  entered  on  the  journals  of  this  house,  the 
name  of  the  member  moving  the  same  shall  also  be  en- 
tered on  the  journals.  R.  of  A.  37. 

All  the  unfinished  business  of  the  preceding  day,  shall 
have  preference  to  any  other,  except  special  orders 
of  the  day,  in  committee  of  the  whole.  R.  of  A.  44. 

No  motion  for  re-consideration  shall  be  in  order,  unless 
on  the  same  day,  or  day  following  that  on  which  the  de- 
cision proposed  to  be  re-considered  took  place,  nor  unless 
one  of  the  majority  shall  move  such  re-consideration.  A 
motion  for  re-consideration  being  put  and  lost,  shall  not 
be  renewed,  nor  shall  any  subject  be  a  second  time  re- 
considered without  unanimous  consent.  R.  of  A.  34. 

After  a  motion  is  stated  by  the  speaker,  it  shall  be 
deemed  to  be  in  possession  of  the  house ;  but  may  be 
withdrawn  at  any  time  before  decision  or  amendment. 
—JR.  of  A.  10. 

Every  member  who  shall  be  present  when  a  question 
is  stated  from  the  chair,  and  no  other,  shall  vote  for  or 
against  the  same,  unless  the  house  shall  excuse  him,  or 
unless  he  be  immediately  interested  in  the  question,  in 
which  case  he  shall  not  vote.  But  no  member  shall  be 
permitted  to  vote  upon  any  question,  unless  present  when 
his  name  is  called  upon  a  division  in  its  regular  order. — k 
R.  of  A.  IS. 


Report  of  Committees.  127 

While  the  speaker  is  putting  a  question,  no  member 
shall  walk  out  of,  or  across  the  house,  nor  when  a  mem- 
ber is  speaking,  shall  any  member  entertain  any  private 
discourse,  or  pass  between  him  and  the  chair.  R.  of  A.  19. 

A  member  called  to  order,  shall  immediately  sit  down, 
unless  permitted  to  explain  ;  and  the  house,  if  appealed 
to,  shall  decide  on  the  case,  but  without  debate ;  if  there 
be  no  appeal,  the  decision  of  the  chair  shall  be  submitted 
to.  R.ofA.M. 

The  rules  of  the  house  shall  be  observed  in  a  committee 
of  the  whole  house,  so  far  as  they  maybe  applicable,  ex- 
cept the  rules  respecting  divisions  and  limiting  the  time 
of  speaking.  R.  of  A.  35. 

SECTION  XXVI. 

REPORT    OP    COMMITTEE. 

The  chairman  of  the  committee,  standing  in  his  place, 
informs  the  house,  that  the  committee,  to  whom  was  re- 
ferred such  a  bill,  have,  according  to  order,  had  the  same 
under  consideration,  and  have  directed  him  to  report  the 
same  without  any  amendment,  or  with  sundry  amend- 
ments, (as  the  case  may  be,)  which  he  is  ready  to  do, 
when  the  house  pleases  to  receive  it.  And  he,  or  any 
other,  may  move  that  it  be  now  received.  But  the  cry 
of  "  now,  now,"  from  the  house,  generally  dispenses 
with  the  formality  of  a  motion  and  question.  He  then 
reads  the  amendments  with  the  coherence  in  the  bill,  and 
opens  the  alterations,  and  the  reasons  of  the  committee 
for  such  amendments,  until  he  has  gone  through  the 
whole.  He  then  delivers  it  at  the  clerk's  table,  where 
the  amendments  reported  are  read  by  the  clerk,  without 
the  coherence,  whereupon  the  papers  lie  on  the  table, 
till  the  house,  at  its  convenience,  shall  take  up  the  re- 
port. Scob.  52.  Haktw.  148. 

The  report  being  made,  the  committee  is  dissolved, 
andean  act  no  more  without  a  new  power.  Scob.  51. 
But  it  may  be  revived  by  a  vote,  and  the  same  matter  re- 
committed to  them.  3  Grey  361. 

1*  In  a  committee,  every  member  may  speak  as  often 


128  Report  of  Committees. 

as  he  pleases.  2.  The  votes  of  a  committee  may  be  re- 
jected or  altered,  when  reported  to  the  house.  3.  A  com- 
mittee even  of  the  whole,  cannot  refer  any  matter  to  an- 
other committee.  4.  In  a  committee,  no  previous  ques- 
tion can  be  taken.  The  only  means  to  avoid  an  improper 
discussion,  is  to  move  that  the  committee  rise  ;  and  if  it  be 
apprehended  that  the  same  discussion  will  be  attempted 
on  returning  into  committee,  the  house  can  discharge 
them,  and  proceed  itself  on  the  business,  keeping  down 
the  improper  discussion  by  the  previous  question.  5.  A 
committee  cannot  punish  a  breach  of  order,  in  the  house 
or  in  the  gallery.  9  Grey  113.  It  can  only  rise  and  re- 
port it  to  the  house,  who  may  proceed  to  punish.  Jef- 
ferson's Manual,  sec.  30,  page  85. 

In  the  assembly  of  this  state,  a  committee  is  commonly 
appointed  about  the  7th  week  of  the  annual  meeting  of 
the  legislature,  that  performs  nearly  all  the  duties  of  the 
'quasi  committee  of  the  National  Legislature,  and  aided 
by  a  select  committee,  performs  all  the  duties  of  a  com- 
mittee of  the  whole  house. 

This  committee  is  commonly  named  by  the  speaker, 
consists  of  nine,  and  is  appointed,  on  motion,  by  virtue 
of  a  resolution,  generally  first  adopted  in  the  following 
words  : 

"  Resolved,  That  a  committee  of  nine  members  be  ap- 
pointed, whose  duty  it  shall  be  to  examine  all  bills  from 
time  to  time  committed  to  a  committee  of  the  whole  house, 
and  report  all  such  bills  as  in  their  opinion  may  with 
safety  and  propriety  be  referred  to  select  committees,  to 
be  reported  complete  ;  but  that  no  bill  shall  be  so  recom- 
mended to  be  referred,  except  with  the  consent  of  a  ma- 
jority of  the  said  committee."  See  Journal  of  Assembly, 
181C,  p.  276. 

This  committee  commonly  meets  twice  per  week  ;  and 
from  all  of  the  bills  before  the  house,  select  such  as  they 
think  "proper;"  the  chairman  then  reports  to  the  house 
what  bil's  they  have  selected,  and  gives  the  titles:  the 
speaker  then  puts  "  the  question  on  agreeing  with  the 
committee  in  their  report ;"  if  carried  in  the  affirmative, 
the' speaker  then  addressing  himself  to  the  house,  says, 
"  Is  it  the  pleasure  of  the  house  the  committee  of  the 
whole  house  be  discharged  from  the  further  consideration 


Standing  Committees.  129 

of  these  said  several  bills,  and  that,  the  same  be  referred 
to  select  committees  to  be  reported  complete  ?"  One  neg- 
ative is  sufficient  to  prevent  a  bill  from  being  thus  dispos- 
ed of.  The  member  objecting  to  any  particular  bill,  com- 
monly objects  to  that,  and  consents  as  to  the  remainder. 

The  speaker  then  appoints  a  committee  of  three  mem- 
bers to  receive  three  of  the  bills,  and  to  report  the  same 
complete;  first  naming  the  bills,  and  then  the  committee 
to  whom  he  proposes  to  refer  them,  and  then  takes 
the  sense  of  the  house  on  the  nomination,  as  in  other 
cases.  Sometimes  but  one  bill  is  referred  to  each  com- 
mittee. 

These  select  committees  of  three,  to  whom  the  bills  are 
referred,  report  the  bills  complete,  with  all  convenient 
speed,  either  with  or  without  amendment ;  and  then  the 
speaker  puts  "the  question  on  agreeing  with  the  commit- 
tee in  their  report;"  if  agreed  to,  he  asks  "  shall  this  (or 
these)  bill  (or  bills)  be  engrossed  ?  Those  in  favor,"  &c. 
as  in  other  cases.  If  carried  in  the  affirmative,  the  hill 
is  engrossed  for  a  third  reading,  in  like  manner  as  if  the 
same  had  passed  in  committee  of  the  whole  house. 

This  is  a  very  expeditious  way  of  disposing  of  much 
business  before  the  house  of  a  merely  local  or  private 
and  not  very  important  description. 

SECTION  XXVII. 

STANDING    COMMITTEES. 

1.  Committee  of  ways  and  means. 

2.  Of  claims. 

3.  Of  privileges  and  elections.  37  T  V 
4-.  Of  grievances. 

5.  On  courts  of  justice,  &c.  OAI    [Vt  )  R  \J  f 

6.  On  expiring  laws.  s, 

7.  On  colleges,  academies  and  common  schools. 

8.  On  engrossed  bills. 

9.  On  the  erection  and  division  of  counties. 

10.  On  the  incorporation  of  cities  and  villages,  and 
charitable  and  religious  societies. 

11.  On  the  petitions  of  aliens. 

M 


*<*0  Standing  Committees. 

12.  On  the  incorporation  and  alteration  of  banking 
and  insurance  companies. 

13.  On  the  establishment  and  improvement  of  roads 
and  bridges,  and  the  incorporation  of  turnpike  compa- 
nies. 

14.  On  amendments  proposed  to  the  constitution  of 
this  jstate  and  the  United  States. 

15.  On  canals  and  internal  improvements. 

16.  On  the  mijitia,  and  other  subjects  relating  to  the 
public  defence. 

17.  On  state  prisons,  and  other  subjects  relating  to  the 
penitentiary  system. 

18.  On  agriculture. 

19.  On  trade  and  manufactures. 

20.  On  the  erection  and  division  of  towns. 

21.  On  bills  coming  within  the  ninth  section  of  the 
seventh  article  of  the  amended  constitution  of  this  state. 


SECTION  XXVIII. 

COMMITTEE    UNDER   THE    NINTH    SECTION    OF   THE    SEVENTH 
ARTICLE    OP   THE    CONSTITUTION    OF    THIS    STATE. 

The  assent  of  two  thirds  of  the  members  elected  to 
each  branch  of  the  legislature,  shall  be  requisite  to  every 
bill  appropriating  the  public  monies  or  property  for  lo- 
cal or  private  purposes,  or  creating,  continuing,  altering 
or  renewing  any  body  politic  or  corporate.  Const.  Art. 
7,  Sec.  9. 

That  a  standing  committee  of  five  be  appointed,  on 
bills  coming  within  the  ninth  section  of  the  seventh  arti- 
cle of  the  amended  constitution  of  this  state ;  and  that 
when  any  bill  shall  have  passed  in  committee  of  the  whole 
house,  which  the  speaker  shall  suppose  to  be  within  the 
provisions  of  the  said  ninth  section,  or  on  which  question 
he  may  entertain  doubts,  it  shall  be  referred  to  the  said 
committee,  to  examine  and  report  thereon,  before  the 
question  on  its  final  passage  shall  be  taken.  R.  of  A.  47. 

That  hereafter,  the  final  question  on  the  passage  of 
any  bill  appropriating  the  public  monies,  or  property, 
for  local  or  private  purposes,  or  creating,  continuing. 


Committee  on  Bills  from  the  Senate.  131 

altering,  or  renewing  any  body  politic,  or  corporate,  shall 
be  taken  by  a  division ;  and  unless  eighty-six  members 
.shall  vote  in  the  affirmative,  the  bill  shall  be  declared  lost ; 
and  the  speaker  shall  certify  upon  all  such  bills  which 
shall  so  pass,  that  two-thirds  of  all  the  members  elect- 
ed to  this  house,  voted  in  favor  of  the  same.  R.  of  A.  46. 

The  final  reading  of  all  bills  which  require  the  sanc- 
tion of  a  constitutional  majority,  shall  be  had  on  Tues- 
day ox  Friday  in  every  week,  and  on  no  other  days,  until 
otherwise  ordered,  except  by  unanimous  consent.  R.  of 
4.49. 

That  the  final  question  on  the  passage  of  any  bill,  re- 
quiring a  constitutional  majority  of  this  house,  shall  not 
be  deemed  to  be  decided,  unless  eighty-six  members  are 
present,  and  vote  on  the  question.  R.  of  A.  50. 

A  motion  to  reconsider  the  vote  upon  the  final  passage 
of  any  bill,  requiring  the  assent  of  two-thirds  of  all  the 
members  elected  to  this  house,  shall  be  made  by  a  mem- 
ber who  voted  against  the  bill ;  and  two-thirds  of  the 
members  present  shall  be  required  to  reconsider  the  same. 
R.  of  A.M. 


SECTION  XXIX. 

COMMITTEE    ON    BILLS    FROM    THE    SENATE,    AND    AMEND- 
MENTS   BY   THE    SENATE. 

Every  message  from  the  honorable  the  senate  commu- 
nicating any  bill,  for  the  concurrence  of  this  house,  shall, 
after  the  second  reading  of  the  said  bill,  be  referred  to  a 
select  committee,  with  the  accompanying  documents,  (if 
any,)  to  consider  and  report  thereon.  "  R.  of  A.  38. 

This  committee,  like  most  select  committees  in  the  as- 
sembly, consists  of  three.  They  receive  the  bill  and 
accompanying  documents,  and  having  duly  considered, 
report  the  same  according  to  the  exigency  of  the  rule. 
Their  report  should  contain  a  brief  statement  of  all  the 
facts  embraced  in  those  documents,  together  with  the 
opinion  of  the  select  committee  thereon,  and  be  commit- 
ted to  the  committee  of  the  whole  house. 

That  amendments  by  the  senate,  to  all  bills  which  have 


J  32  Committees  on  resolutions — References  to  state  officers. 

passed  the  house,  shall  be  referred  to  an  appropriate  se- 
lect, or  standing  committee,  to  examine  and  report  there- 
on, unless  the  house  shall  otherwise  expressly  allow.-— 
R.  of  A.  43. 


SECTION  XXX. 

COMMITTEES    ON   RESOLUTIONS. 

In  all  resolutions  of  the  assembly  of  much  Importance, 
requiring  any  committee  relative  to  the  subject  matter,  a 
committee  of  five  is  appointed.  In  all  concurrent  reso- 
lutions of  the  senate  and  assembly,  concerning  any  mat- 
ter to  be  considered  by  joint  committee,  the  senate  ap- 
point three  members  on  their  part,  and  the  assembly  five 
of  their  house,  to  consider  and  report  thereon.  The  re- 
port should  be  made  to  the  house  where  the  resolution 
originated." 


._. 


SECTION  XXXI. 

REFERENCES    TO    STATE    OFFICERS. 

Petitions,  memorials,  and  bills,  are  often  referred  to 
either  the  attorney  general,  surveyor  general,  comptrol- 
ler, or  secretary  of  state ;  sometimes  to  all  those  at  the 
same  time. 

When  their  report  is  received,  it  is  referred  to  a  select 
committee,  in  all  cases,  together  with  the  papers  refer- 
red, to  consider  and  report  thereon. 

SECTION  XXXII. 

COMMITTEE    OF    SELECTION- 

This  is  a  committee  of  five,  and  is  appointed  in  pursu- 
ance of  a  resolution  to  that  effect,  first  offered  in  these 
words: 


IBM,  Recommitment.— Bill,  Report  taken  up.      133 

"Resolved,  That  a  committee  be  appointed  for  the 
purpose  of  selecting  from  the  various  bills  now  pending 
in  this  house,  such  as  in  their  opinion  ought  first  to  be 
acted  upon ;  to  arrange  the  order  in  which  the  said  bills 
should  be  taken  up  for  consideration." 

This  committee  usually  reports  three  or  four  times 
per  week.  It  is  seldom  appointed  till  toward  the  close, 
of  the  meeting. 

SECTION  XXXIH. 

BILL,    RECOMMITMENT. 

After  a  bill  has  been  committed  and  reported  it  ought 
not,  in  an  ordinary  course,  to  be  recommitted.  But  in 
cases  of  importance,  and  for  special  reasons,  it  is  some- 
times recommitted,  and  usually  to  the  same  committee. 
Hakew.  151.  If  a  report  be  recommitted  before  agreed 
to  in  the  house,  what  has  passed  in  committee  is  of  no 
validity ;  the  whole  question  is  again  before  the  com- 
mittee, and  a  new  resolution  must  be  again  moved,  as  if 
nothing  had  passed.  3  Hats.  131.  note. 

In  TJ.  S.  Senate,  January  1800,  the  salvage  bill  was 
recommitted  three  times  after  the  commitment. 

A  particular  clause  of  a  bill  may  be  committed  with- 
out the  whole  bill ;  3  Hats.  131.  or  so  much  of  a  paper  to 
one,  and  so  much  to  another  committee. 

SECTION  XXXIV. 

BILL,    REPORT    TAKEN    UP. 

When  the  report  of  a  paper  originating  with  a  com- 
mittee is  taken  up  by  the  house,  they  proceed  exactly  as 
in  committee.  Here,  as  in  committee,  when  the  para- 
graphs have,  on  distinct  questions,  been  agreed  to  seri- 
atim, 5,  Grey  366.  6  Grey  368.  8  Grey  47,  104,  360.  1 
Torbuckrs  Deb.  125.  3  Hats.  348.  no  question  needs  be 
put  on  the  whole  report.  5  Grey  381. 

On  taking  up  a  bill  reported  with  amendments,  the 
M2 


134  Bills,  Second  Reading  in  the  House. 

amendments  only  are  read  by  the  clerk.  The  speaker 
then  reads  the  first,  and  puts  it  to  the  question,  and  so  on, 
till  the  whole  are  adopted  or  rejected,  before  any  other 
amendment  be  admitted,  except  it  be  an  amendment  to 
an  amendment.  Elsynge's  Mem.  53.  When  through 
the  amendments  of  the  committee,  the  speaker  of  the 
house  of  representatives  pauses,  and  gives  time  for  amend- 
ments to  be  proposed  in  the  house  to  the  body  of  the  bill : 
as  he  does  also  if  it  has  been  reported  without  amend- 
ments ;  putting  no  questions  but  on  amendments  pro- 
posed :  and  when  through  the  whole,  he  puts  the  ques- 
tion whether  the  bill  shall  be  engrossed  and  read  a  third 
time  ?  Jefferson1  s  Manual^  83. 

SECTION  XXXV. 


BILLS,  SECOND  READING  IN  THE  HOUSE. 

In  parliament,  after  the  bill  has  been  read  a  second 
time,  if  on  the  motion  and  question,  it  be  not  committed, 
or  if  no  proposition  for  commitment  be  made,  the  speak- 
er reads  it  by  paragraphs,  pausing  between  each,  but 
putting  no  question  but  on  amendments  proposed ;  and 
when  through  the  whole,  he  puts  the  question  whether  it 
shall  be  read  a  third  time  ?  if  it  came  from  the  other 
house  ;  or,  if  originating  with  themselves,  whether  it  shall 
be  engrossed  and  read  a  third  time  ?  The  speaker  reads 
sitting,  but  rises  to  put  questions.  The  clerk  stands 
while  he  reads. 

But  the  senate  of  the  United  States  is  so  much  in  the 
habit  of  making  many  and  material  amendments  at  the 
third  reading,  that  it  has  become  the  practice  not  to  en- 
gross a  bill  till  it  has  passed.  An  irregular  and  dangerous 
practice ;  because,  in  this  way,  the  paper  which  passes 
the  senate  is  not  that  which  goes  to  the  other  house  as 
the  act  of  the  senate,  has  never  been  seen  in  senate.  In 
reducing  numerous,  difficult,  and  illegible  amendments 
into  the^text,  the  secretary  may,  with  the  most  innocent 
intentions,  commit  errors,  which  can  never  again  be 
corrected. 

After  the  bill  has  been  finally  agreed  to,  it  is  ordered 


Reading  Papers.  I :]  "> 

to  be  engrossed.  It  is  then  prepared  to  be  read  the  third 
time. 

The  bill  being  now  as  perfect  as  its  friends  can  make 
it,  this  is  the  proper  stage  for  those  fundamentally  oppos- 
ed, to  make  their  first  attack.  All  attempts  at  earlier 
periods  are  with  disjointed  efforts ;  because  many  who 
do  not  expect  to  be  in  favor  of  the  bill  ultimately,  are 
willing  to  let  it  go  on  to  its  perfect  state,  to  take  time  to 
examine  it  themselves,  and  to  hear  what  can  be  said  for 
it;  knowing  that,  after  all,  they  will  have  sufficient  op- 
portunities of  giving  it  their  veto.  Its  two  last  stages 
therefore  are  reserved  for  this,  that  is  to  say,  on  the 
question  whether  it  shall  be  read  a  third  time  ?  And  last- 
ly, whether  it  shall  pass  ? — The  first  of  these  is  usually 
the  most  interesting  contest;  because  then  the  whole 
subject  is  new  and  engaging,  and  the  minds  of  the  mem- 
bers having  not  yet  been  declared  by  any  trying  vote, 
the  issue  is  the  more  doubtful.  In  this  stage,  therefore, 
is  the  main  trial  of  strength  between  its  friends  and  op- 
ponents ;  and  it  behoves  every  one  to  make  up  his  mind 
decisively  for  this  question,  or  he  loses  the  main  battle  ; 
and  accident  and  management  may,  and  often  do,  pre- 
vent a  successful  rallying  on  the  next  and  last  question 
whether  it  shall  pass  ? 

When  the  bill  is  engrossed,  the  title  is  to  be  endorsed 
on  the  back,  and  not  within  the  bill.  Hakew.  250. 

In  the  assembly  it  is  also  written  within  the  bill,  at  top. 


SECTION  XXXVI. 


READING   PAPERS. 

Where  papers  are  laid  before  the  house,  or  referred  to 
a  committee,  every  member  has  a  right  to  have  them  once 
read  at  the  table,  before  he  can  be  compelled  ttrvote  on 
them.  But  it  is  a  great,  though  common  error,  to  sup- 
pose that  he  has  a  right,  toties  quoties,  to  have  acts,  jour- 
nals, accounts,  or  papers  on  the  table  read  independently 
of  the  will  of  the  house.  The  delay  and  interruption 
which  this  might  be  made  to  produce,  evince  the  irnpos- 


136  Privileged  Questions. 

sibility  of  the  existence  of  such  a  right.  There  is  indeed 
so  manifest  a  propriety  of  permitting  every  member  to 
have  as  much  information  as  possible  on  every  question 
on  which  he  is  to  vote,  that  when  he  desires  the  reading, 
if  it  be  seen  that  it  is  really  for  information,  and  not  for 
delay,  the  speaker  directs  it  to  be  read  without  putting  a 
question  if  no  one  objects.  But  if  objected  to,  a  ques- 
tion must  be  put.  2  Hats.  117,  118. 

It  is  equally  an  error,  to  suppose  that  any  member  has 
a  right,  without  a  question  put,  to  lay  a  book  or  paper  on 
the  table,  and  have  it  read,  on  suggesting  that  it  contains 
matter  infringing  on  the  privileges  of  the  house.  Ib. 

For  the  same  reason,  a  member  has  not  a  right  to 
read  a  paper  in  his  place,  if  it  be  objected  to,  without  leave 
of  the  house.  But  this  rigour  is  never  exercised,  but  where 
there  is  an  intentional  or  gross  abuse  of  the  time  and  pa- 
tience of  the  house. 

A  member  has  not  a  right  even  to  read  his  own  speech, 
committed  to  writing,  without  leave.  This  also  is  to  pre- 
vent an  abuse  of  time  ;  and  therefore  is  not  refused,  but 
where  that  is  intended.  2  Grey  227. 

A  report  of  a  committee  of  the  U.  S.  Senate,  on  a  bill 
from  the  house  of  representatives,  being  under  consider- 
ation, on  motion  that  the  report  of  the  committee  of  the 
house  of  representatives,  on  the  same  bill  be  read  in  sen- 
ate, it  passed  in  the  negative ;  February  28,  1793. 

Formerly  when  papers  were  referred  to  a  committee, 
they  used  to  be  first  read  :  but  of  late,  only  the  titles  ;  un- 
less a  member  insists  they  shall  be  read,  and  then  noboby 
can  oppose  it.  2  Hats.  117. 


SECTION  XXXVII. 


PRIVILEGED    QUESTIONS. 

No  motion  shall  be  debated  or  put,  unless  the  same  be 
seconded ;  when  a  motion  is  seconded,  it  shall  be  stated 
by  the  Speaker  before  debate,  and  every  such  motion 
shall  be  reduced  to  writing  if  the  speaker  or  any  mem- 
ber desire  it.  R.  of  A.  9. 


Privileged  Questions.  137 

After  a  motion  is  stated  by  the  speaker,  it  shall  be 
deemed  to  be  in  possession  of  the  house ;  but  may  be 
withdrawn  at  any  time  before  decision  or  amendment. 
—72.0/^1.10. 

When  a  question  is  under  debate,  no  motion  shall  be 
received,  unless  to  amend  it,  to  commit  it,  to  postpone  it 
to  a  day  certain,  for  the  previous  question,  or  to  adjourn, 
—R.  of  A.  11. 

A  motion  to  adjourn  shall  be  always  in  order,  and  shall 
be  decided  without  debate.  R.  of  A.  12. 

The  previous  question,  until  it  is  decided,  shall  preclude 
all  amendment  and  debate  of  the  main  question,  and  shall 
be  in  this  form — shall  the  main  question  be  now  put  ?  R. 
of  A.  13. 

No  member  shall  speak  more  than  once  without  leave, 
upon  a  previous  question.  R.  of  A.  14. 

A  motion  for  commitment,  until  it  is  decided,  shall  pre- 
clude all  amendment  of  the  main  question.  R.  of  A.  15. 

It  is  no  possession  of  a  bill,  unless  it  be  delivered  to 
the  clerk  to  be  read,  or  the  speaker  reads  the  title.  Lex* 
Parl.  274.  Elsynge  Mem.  95.  Ord.  House  of  Commons  64. 

It  is  a  general  rule,  that  the  question  first  moved  and 
seconded,  shall  be  first  put.  Scob.  28,  22.  2  Hats.  81. 
But  this  rule  gives  way  to  what  may  be  called  privileged 
questions  :  and  the  privileged  questions  are  of  different 
grades  among  themselves. 

A  motion  to  adjourn  simply  takes  place  of  all  others ; 
for  otherwise  the  house  might  be  kept  sitting  against  its 
will,  and  indefinitely.  Yet  this  motion  cannot  be  re- 
ceived after  another  question  is  actually  put,  and  while 
the  house  is  engaged  in  voting. 

Orders  of  the  day  take  place  of  all  other  questions,  ex- 
cept for  adjournment.  That  is  to  say,  the  question  which 
is  the  subject  of  an  order,  is  made  a  privileged  one  pro 
hac  voce.  The  order  is  a  repeal  of  the  general  rule  as 
to  this  special  case.  When  any  member  moves  there- 
fore for  the  orders  of  the  day  to  be  read,  no  further  de- 
bate is  permitted  on  the  question  which  was  before  the 
house  ;  for  if  the  debate  might  proceed,  it  might  con- 
tinue through  the  day,  and  defeat  the  order.  This  motion, 
to  entitle  it  to  precedence,  must  be  for  the  orders  gen- 
erally, and  not  for  any  particular  one  ;  and  if  it  be  car- 


138  Privileged  Questions. 

Tied  on  the  question,  "  Whether  the  house  will  now  pro- 
ceed to  the  orders  of  the  day,"  they  must  be  read  and 
proceeded  on  in  the  course  in  which  they  stand.  2  Hats. 
83.  For  priority  of  order  gives  priority  of  right,  which 
cannot  be  taken  away  but  by  another  special  order. 

When  the  house  have  proceeded  to  the  "  general  or- 
ders of  the  day,"  no  other  business  shall  be  in  order  until 
the  house  have  disposed  of  the  same,  by  laying  them  up- 
on the  table,  or  by  postponing  them  until  the  next  day. 
R.  of  A.  41. 

The  final  reading  of  all  bills  which  require  the  sanction 
of  a  constitutional  majority,  shall  be  had  on  Tuesday  or 
Friday  in  every  week,  and  no  other  days,  until  other- 
wise ordered,  except  by  unanimous  consent.  R.  of  A.  49. 

All  the  unfinished  business  of  the  preceding  day,  shall 
have  preference  to  any  other,  except  special  orders  of 
the  day,  in  committee  of  the  whole.  R.  of  A.  44. 

After  these,  there  are  other  privileged  questions  which 
will  require  considerable  explanation. 

Jt  is  proper  tk*t  ov^rv-  parliamentary  assembly  should 
have  certain  forms  of  questions  so  adapted,  as  to  enable 
them  fitly  to  dispose  of  every  proposition  which  can  be 
made  to  them.  Such  are  I.  The  previous  question.  2. 
To  postpone  indefinitely.  3.  To  adjourn  a  question  to  a 
definite  day.  4.  To  lie  on  the  table.  5.  To  commit.  6. 
To  amend.  The  proper  occasion  for  each  of  these  ques- 
tions should  be  understood. 

1.  When  a  proposition  is  moved,  which  it  is  useless  or 
inexpedient  now  to  express  or  discuss,  the  previous  ques- 
tion has  been  introduced  for  suppressing  for  that  time  the 
motion  and  its  discussion.  3  Hats.  188,  189. 

2.  But  as  the  previous  question  gets  rid  of  it  only  for 
that  day,  and  the  same  proposition,  may  recur  the  next 
day  if  they  wish  to  Suppress  it  for  the  whole  of  that  ses- 
sion, they  postpone  it  indefinitely.     3  Hats.  183,     This 
quashes  the  proposition  for  that  session,  as  an  indefinite 
adjournment  is  a  dissolution,  or  the  continuance  of  a  suit 
sine  die  is  a  discontinuance  of  it. 

3.  When  a  motion  is  made  which  it  will  be  proper  to 
act  on,  but  information  is  wanted,    or  something  more 
pressing  claims  the  present  time,  the  question  or  debate 
is  adjourned  to  such  day  within  the  session  as  will  answer 


Privileged  Questions.  159 

the  views  of  the  house.  2  Hats.  81.  And  those  who  have 
spoken  before  may  not  speak  again  when  the  adjourned 
debate  is  resumed.  2  Hats.  73.  Sometimes,  however, 
this  has  been  abusively  used,  by  adjourning  it  to  a  day 
beyond  the  session,  to  get  rid  of  it  altogether,  as  would 
be  done  by  an  indefinite  postponement. 

4.  When  the  house  has  something  else  which  claims 
its  present  attention,  but  would  be  willing  to  reserve  in 
their  power  to  take  up  a  proposition  whenever  it  shall 
suit  them,  they  order  it  to  lie  on  their  table.     It  may- 
then  be  called  for  at  any  time. 

5.  If  the  proposition  will  want  more  amendment  and 
digestion  than  the  formalities  of  the  house  will  conven- 
iently admit,  they  refer  it  to  a  committee. 

6.  But  if  the  proposition  be  well  digested  and  may  need 
but  few  and  simple  amendments,  and  especially  if  these 
be  of  leading  consequence,  they  then  proceed  to  consid- 
er and  amend  it  themselves. 

The  senate  of  the  United  States,  in  their  practice,  va- 
ry from  this  regular  gradation  of  forms.  Their  practice, 
comparatively  with  that  of  parliament  stands  thus  : 

For  the  Parliamentary,  The  Senate  uses,  postp.  to  a 

Postpmnt.  indefinite  day  beyond  the  session. 

Adjournment  Postp.  to  a  day  within  the  session. 

tying  on  the  Tab,,       _  }  J»«Jj^  Mfc 

In  their  8th  rule  therefore,  which  declares  that  while 
a  question  is  before  the  senate,  no  motion  shall  be  receiv- 
ed unless  it  be  for  the  previous  question,  or  to  postpone, 
commit,  or  amend  the  main  question,  the  tei*m  postpone- 
ment must  be  understood  according  to  their  broad  use  of 
it,  and  not  in  its  parliamentary  sense.  Their  rule  then 
establishes  as  privileged  questions,' the  previous  question, 
postponement,  commitment  and  amendment. 

But  it  may  be  asked,  have  these  questions  any  privi- 
lege among  themselves  ?  Or,  are  they  so  equal,  that  the 
common  principle  of  the  "first  moved,  first  put,"  takes 
place  among  them  ?  This  will  need  explanation.  Their 
competitions  may  be  as  follow : 


140  Privileged  Questions. 


1.  Prev.  qu.  and  postpone, 

Commit, 
Amend. 

2.  Postpone  and  prev.  qu 

Commit, 
Amend. 

3.  Commit  and  prev.  qu. 

Postpone, 
Amend. 

4.  Amend  and  prev.  qu. 

Postpone, 
Commit. 


In  the  1st,  2d,  and  3d 

classes  and  the  1st  mem- 

>ber  of  the  4th  class,  the 

rule  "first  moved  first 

put"  takes  place. 


In  the  first  class,  where  the  previous  question  is  first 
moved,  the  effect  is  peculiar.  For  it  not  only  prevents 
the  after  motion  to  postpone  or  commit  from  being  put 
to  question  before  it,  but  also,  from  being  put  after  it. 
For  if  the  previous  question  be  decided  affirmatively,  to 
wit,  that  the  main  question  shall  now  be  put,  it  would  of 
course  be  against  the  decision  to  postpone  or  commit. 
And  if  it  be  decided  negatively,  to  wit,  that  the  main 
question  shall  not  now  be  put,  this  puts  the  house  out  of 
possession  of  the  main  question,  and  consequently  there 
is  nothing  before  them  to  postpone  or  commit.  So  that 
neither  voting  for,  or  against  the  previous  question,  will 
enable  the  advocates  for  postponing  or  committing  to  get 
at  their  object.  Whether  it  may  be  amended,  shall  be 
examined  hereafter. 

2d  class.  If  postponement  be  decided  affirmatively,  the 
proposition  is  removed  from  before  the  house,  and  con- 
sequently there  is  no  ground  for  the  previous  question, 
commitment,  or  amendment.  But  if  decided  negatively, 
that  it  shall  not  be  postponed,  the  main  question,  may 
then  be  suppressed  by  the  previous  question,  or  may  be 
e:>mmitted,  or  amen  Wl. 

The  3d  class  is  subject  to  the  same  observations  as 
the  2d. 

The  4th  class.  Amendment  of  the  main  question  first 
moved,  and  afterwards  the  previous  question,  the  ques- 
tion of  amendment  shall  be  first  put. 

Amendment  and  postponement  competing,  postpone- 
ment is  first  put,  as  the  equivalent  proposition  to  adjourn 


Privileged  Questions.  141 

the  main  question  would  be  in  parliament.  The  reason 
is,  that  the  question  for  amendment  is  not  suppressed  by 
postponing  or  adjourning  the  main  question,  but  remains 
before  the  house  whenever  the  main  question  is  resum- 
ed :  and  it  might  be  that  the  occasion  for  other  urgent 
business  might  go  by,  and  be  lost  by  length  of  debate  on 
the  amendment,  if  the  house  had  it  not  in  their  power  to 
postpone  the  whole  subject. 

Amendment  and  commitment.  The  question  for  com- 
mitting, though  last  moved,  shall  be  first  put :  because, 
in  truth,  it  facilitates  and  befriends  the  motion  to  amend. 
Scobell  is  express.  "  On  a  motion  to  amend  a  bill,  any 
one  may  notwithstanding,  move  to  commit  it,  and  the 
question  for  commitment  shall  be  first  put.  Scob.  46. 

We  have  hitherto  considered  the  case  of  two  or  more 
of  the  privileged  questions  contending  for  privilege  be- 
tween themselves,  when  both  were  moved  on  the  original 
or  main  question  ;  but  now  let  us  suppose  one  of  them  to 
be  moved,  not  on  the  original  primary  question,  but  on 
the  secondary  one  :  e.  g. 

Suppose  a  motion  to  postpone,  commit  or  amend  the 
main  question,  and  that  it  be  moved  to  suppress  that  mo- 
tion by  putting  a  previous  question  on  it.  This  is  not 
allowed  :  because  it  would  embarrass  questions  too  much 
to  allow  them  to  be  piled  on  one  another  several  stories 
high ;  and  the  same  result  may  be  had  in  a  more  simple 
way,  by  deciding  against  the  postponement,  commitment 
or  amendment.  2  Hats.  81,  2,  3,  4. 

Suppose  a  motion  for  the  previous  question,  or  com- 
mitment, or  amendment  of  the  main  question,  and  that 
it  be  then  moved  to  postpone  the  motion  for  the  previous 
question,  or  for  commitment,  or  amendment  of  the  main 
question.  1.  It  would  be  absurd  to  postpone  the  previ- 
ous question,  commitment  or  amendment  alone,  and  thus 
separate  the  appendage  from  its  principal.  Yet  it  must 
be  postponed  separately  from  its  original,  if  at  all :  be- 
cause the  8th  rule  of  the  senate  of  the  United  States, 
says,  that  when  a  main  question  is  before  the  house,  no 
motion  shall  be  received  but  to  commit,  amend,  or  pre- 
question  the  original  question,  which  is  the  parliamenta- 
ry doctrine  also.  Therefore  the  motion  to  postpone  the 
secondary  motion  for  the  previous  question,  or  for  com- 
N 


142  Privileged  Questions. 

mitting  or  amending,  cannot  be  received.  2.  This  is  a 
piling  of  questions  one  on  another,  which,  to  avoid  em- 
barrassment, is  not  allowed.  3.  The  same  result  may 
be  had  more  simply,  by  voting  against  the  previous  ques- 
tion, commitment  or  amendment. 

Suppose  a  commitment  moved  of  a  motion  for  the  pre- 
vious question,  or  to  postpone  or  amend.  The  1st,  2d 
and  3d  reasons  before  stated,  all  hold  good  against  this. 

Suppose  an  amendment  moved  to  a  motion  for  the 
previous  question.  Answer.  The  previous  question  can- 
not be  amended.  Parliamentary  usage,  as  well  as  the 
9th  rule  of  the  senate  of  the  United  States,  has  fixed  its 
form  to  be  "  Shall  the  main  question  be  now  put  ?"  i.  e. 
at  this  instant.  And  as  the  present  instant  is  but  one,  it 
can  admit  of  no  modification.  To  change  it  to  to-mor- 
row, or  any  other  moment,  is  without  example,  and  with- 
out utility.  But  suppose  a  motion  to  amend  a  motion 
lor  postponement ;  as  to  one  day  instead  of  another,  or 
to  a  special,  instead  of  indefinite  time.  The  useful 
character  of  amendment,  gives  it  a  privilege  of  attaching 
itself  to  a  secondary  and  privileged  motion.  That  is, 
we  may  amend  a  postponement  of  a  main  question.  So 
we  may  amend  a  commitment  of  a  main  question,  as  by 
adding,  for  example,  "  with  instructions  to  enquire,  &c." 
In  like  manner,  if  an  amendment  be  moved  to  an  amend- 
ment, it  is  admitted.  But  it  would  not  be  admitted  in 
another  degree :  to  wit,  to  amend  an  amendment  to  an 
amendment,  of  a  main  question.  This  would  lead  to 
too  much  embarrassment.  The  line  must  be  drawn  some- 
where, and  usage  has  drawn  it  after  the  amendment  to 
the  amendment.  The  same  result  must  be  sought  by 
deciding  against  the  amendment  to  the  amendment,  and 
then  moving  it  again  as  it  was  wished  to  be  amended.  In 
this  form  it  becomes  only  an  amemdment  to  an  amend- 
ment. 

All  questions ,  whether  in  committee  or  in  the  house, 
shall  be  put  in  the  order  they  were  moved :  except  that 
in  filling  up  blanks,  the  largest  sum  and  longest  time 
shall  be  first  put.  R.  of  A.  27. 

Contrary  to  the  rule  of  parliament  which  privileges 
the  smallest  sum  and  longest  time.  5  Grey  179.  2  Hats. 
81,  83.  3  Hats.  132,  133.  And  this  is  considered  to  be 


Privileged  Questions.  143 

not  in  the  form  of  an  amendment  to  the  question  ;  but  as 
alternative,  or  successive  originals.  In  all  cases  of  time 
or  number,  we  must  consider  whether  the  larger  com- 
prehends the  lesser,  as  in  a  question  to  what  day  a  post- 
ponement shall  be,  the  number  of  a  committee,  amount 
of  a  fine,  term  of  an  imprisonment,  term  of  irredeema- 
bility  of  a  loan,  or  the  terminus  in  quern,  in  any  other 
case.  Then  the  question  must  begin  a  maximo.  Or 
whether  the  lesser  concludes  the  greater,  as  in  questions 
on  the  limitation  of  the  rate  of  interest,  on  what  day  the 
session  shall  be  closed  by  adjournment,  on  what  day  the 
next  shall  commence,  when  an  act  shall  commence,  or 
the  terminus  a  quo  in  any  other  case,  where  the  question 
must  begin  a  minimo.  The  object  being  not  to  begin  at 
that  extreme,  which,  and  more,  being  within  every  man's 
wish,  no  one  could  negative  it,  and  yet,  if  he  should  vote 
in  the  affirmative,  every  question  for  more  would  be  pre- 
cluded :  but  at  that  extreme  which  would  unite  few,  and 
then  to  advance  or  recede,  till  you  get  to  a  number  which 
will  unite  a  bare  majority.  3  Grey  376,  384,  385.  "  The 
fair  question  in  this  case  is  not  that  to  which  and  more 
all  will  agree,  but  whether  there  shall  be  addition  to  the 
question."  1  GWy365. 

Another  exception  to  the  rule  of  priority  is,  when  a 
motion  has  been  made  to  strike  out,  or  agree  to  a  para- 
graph. Motions  to  amend  it  are  to  be  put  to  the  question 
before  a  vote  is  taken  on  striking  out,  or  agreeing  to  the 
whole  paragraph. 

But  there  are  several  questions,  which  being  inciden- 
tal to  every  one,  will  take  place  of  every  one,  privileged 
or  not ;  to  wit,  a  question  of  order  arising  oiit  of  any  oth- 
er question,  must  be  decided  before  that  question.  2 
Hats.  88. 

A  matter  of  privilege  arising  out  of  any  question,  or 
from  a  quarrel  between  two  members,  or  any  other  cause, 
supersedes  the  consideration  of  the  original  question, 
and  must  be  first  disposed  of.  2  Hats.  88. 

Reading  papers  relative  to  the  question  before  the 
house.  This  question  must  be  put  before  the  principal 
one.  2  Hats.  88. 

Leave  asked  to  withdraw  a  motion.  The  rule  of  par- 
liament being,  that  a  motion  made  and  seconded  is  in 


144  The  Previous  Question. 

possession  of  the  house,  and  cannot  be  withdrawn  with- 
out leave,  the  very  terms  of  the  rule  imply  that  leave 
may  be  given,  and  consequently  may  be  asked  and  put 
to  the  question. 


SECTION   XXXVIII. 

THE    PREVIOUS    QUESTION. 

When  any  question  is  before  the  house,  any  member 
may  move  a  previous  question,  "Whether  that  question 
(called  the  main  question)  shall  now  be  put?"  If  it  pass 
in  the  affirmative,  then  the  main  question  is  to  be  put 
immediately,  and  no  man  may  speak  any  thing  further 
to  it,  either  to  add  or  alter.  Mem.  in  Hakew.  28.  4 
Grey  27. 

The  previous  question,  until  it  is  decided,  shall  pre- 
clude all  amendment  and  debate  of  the  main  question, 
and  shall  be  in  this  form — shall  the  main  question  be  now 
put? — R.  of  A.  13. 

No  member  shall  speak  more  than  once,  without  leave, 
upon  a  previous  question.  R.  of  A.  14. 

This  kind  of  question  is  understood  by  Mr.  Hatsell  to 
have  been  introduced  in  1604.  2  Hats.  80.  Sir  Henry 
Vane  introduced  it.  2  Grey  113,  114.  3  Grey  384. 
When  the  question  was  put  in  this  form,  "  shall  the  main 
question  be  put  ?"  a  determination  in  the  negative  sup- 
pressed the  main  question  during  the  session  ;  but  since 
the  words  '*  now  put"  are  used,  they  exclude  it  for  the 
present  only.  Formerly  indeed,  only  till  the  present  de- 
bate was  over ;  4  Grey  43.  but  now,  for  that  day  and  no 
longer.  2  Grey  113,  114. 

Before  the  question  "  whether  the  main  question  shall 
now  be  put  ?"  any  person  might,  formerly,  have  spoken 
to  the  main  question,  because  otherwise  he  would  be  pre- 
cluded from  speaking  to  it  at  all.  Mem.  in  Hakew.  28. 

The  proper  occasion  for  the  previous  question  is,  when 
a  subject  is  brought  forward  of  a  delicate  nature,  as  to 
high  personages,  &c.  or  the  discussion  of  which  may  call 
forth  observations  which  might  be  of  injurious  conse- 
quences. Then  the  previous  question  is  proposed ;  and, 


The  1'rcvious  Question.  145 

in  the  modern  usage,  the  discussion  of  the  main  question 
js  suspended,  and  the  debate  confined  to  the  previous 
question.  The  use  of  it  has  been  extended  abusively  to 
other  cases ;  but  in  these  it  is  an  embarrassing  procedure  ; 
its  uses  would  be  as  well  answered  by  other  more  simple 
parliamentary  forms,  and  therefore  it  should  not  be  fa- 
vored, but  restricted  within  as  narrow  limits  as  possible. 
Whether  a  main  question  may  be  amended  after  the 
previous  question  on  it  has  been  moved  and  seconded! 
2  lints.  88.  says,  If  the  previous  question  has  been  mov- 
ed and  seconded,  and  also  proposed  from  the  chair,  (by 
which  he  means  stated  by  the  speaker  for  debate)  it  ha* 
been  doubted  whether  an  amendment  can  be  admitted  to 
the  main  question.  He  thinks  it  may,  after  the  previous 
question  moved  and  seconded ;  but  not  after  it  has  been 
proposed  from  the  chair.  In  this  case  he  thinks  the 
friends  to  the  amendment  must  vote  that  the  main  ques- 
tion be  not  now  put ;  and  then  move  tjheir  amended  ques- 
tion, which  being  made  new  by  the  amendment,  is  no 
longer  the  same  which  has  been  just  suppressed,  and 
therefore  may  be  proposed  as  a  new  one.  But  this  pro- 
ceeding certainly  endangers  the  main  question,  by  divid- 
ing its  friends,  some  of  whom  may  choose  it  unamended, 
rather  than  lose  it  altogether  :  while  others  of  them  may 
vote,  as  Hatsell  advises,  that  the  main  question  be  not 
now  put,  with  a  view  to  move  it  again  in  an  amended 
form.  The  enemies  to  the  main  question,  by  this  ma- 
noeuvre of  the  previous  question,  get  the  enemies  to  the 
amendment  added  to  them  on  the  first  vote,  and  throw 
the  friends  of  the  main  question  under  the  embarrass- 
ment of  rallying  again  as  they  can.  To  support  his  opin- 
ion too,  he  makes  the  deciding  circumstance,  whether  an 
amendment  may  or  may  not  be  made,  to  be  that  ihe  pre- 
vious question  lias  been  proposed  from  the  chair.  But 
as  the  rule  is  that  the  house  is  in  possession  of  a  question 
as  soon  as  it  is  moved  and  seconded,  it  cannot  be  more 
than  possessed  of  it  by  its  being  also  proposed  from  the 
chair.  It  may  be  said  indeed,  that  the  object  of  the  pre- 
vious question  being  to  get  rid  of  a  question,  which  it  is 
not  expedient  should  be  discussed,  this  object  may  be  de- 
feated by  moving  to  amend,  and,  in  the  discussion  of  that 
motion,  involving  the  subject  of  the  main  question.  But 

m 


146  Amendments. 

so  may  the  object  of  the  previous  question  be  defeated  by 
moving  the  amended  question,  as  Mr.  Hatsell  proposes, 
after  the  decision  against  putting  the  original  question. 
He  acknowledges  too,  that  the  practice  has  been  to  admit 
previous  amendment,  and  only  cites  a  few  Kite  instances 
to  the  contrary.  On  the  whole,  I  should  think  it  best  to 
decide  it  ab  inconvenienti,  to  wit,  which  is  most  incon- 
venient, to  put  it  in  the  power  of  one  side  of  the  house 
to  defeat  a  proposition  by  hastily  moving  the  previous 
question,  and  thus  forcing  the  main  question  to  be  put 
unamended ;  or  to  put  it  in  the  power  of  the  other  side 
to  force  on,  incidentally  at.  least,  a  discussion  which  would 
be  better  avoided  ?  Perhaps  the  last  is  the  least  incon- 
venience; inasmuch  as  the  speaker,  by  confining  the 
discussion  rigorously  to  the  amendment  only,  may  pre- 
vent their  going  into  the  main  question,  and  inasmuch 
also  as  so  great  a  proportion  of  the  cases  in  which  the 
previous  question  is  called  for,  are  fair  and  proper  sub- 
jects of  public  discussion,  and  ought  not  to  be  obstructed 
by  a  formality  introduced  for  questions  of  a  peculiar  char- 
acter. 

SECTION  XXXIX. 

AMENDMENTS. 

On  an  amendment  being  moved,  a  member  who  has 
spoken  to  the  main  question  may  speak  again  to  the 
amendment.  8co1».  23. 

li'  an  amendment  be  proposed,  inconsistent  with  one 
already  agreed  to.  it  is  a  fit  ground  for  its  rejection  by 
the  house  ;  but  not  within  the  competence  of  the  speaker 
to  suppress  as  if  it  were  against  order.  For  were  he 
permitted  to  Iraw  questions  of  consistence  within  the 
vortex  of  order,  he  might  usurp  a  negative  on  important 
modifications,  and  suppress,  instead  of  subserving,  the 
legislative  wjll. 

%  Amendments  may  be  made  so  as  totally  to  alter  the 
nature  of  the  proposition  ;  and  it  is  a  way  of  getting  rid 
of  a  proposition,  by  making  it  bear  a  sense  different  from 
•what  was  intended  by  the  movers,  so  that  they  vote  against 


Amendments.  147 

it  themselves.  2  Hats.  79,  4,  82,  84.  A  new  bill  may 
be  ingrafted  by  way  of  amendment,  on  the  words  "  Be  it 
enacted,  <fcc."  1  Grey  190, 192. 

If  it  be  proposed  to  amend  by  leaving  out  certain 
words,  it  may  be.  moved  as  an  amendment  to  this  amend- 
ment, to  leave  out  a  part  of  the  words  of  the  amendment, 
which  is  equivalent  to  leaving  them  in  the  bill.  2  Hats. 
80,  9.  The  parliamentary  question  is  always,  whether 
the  words  shall  stand  part  of  the  bill  1 

When  it  is  proposed  to  amend  by  inserting  a  para- 
graph, or  part  of  one,  the  friends  of  the  paragraph  may 
make  it  as  perfect  as  they  can  by  amendments,  before 
the  question  is  put  for  inserting  it.  If  it  be  received,  it 
cannot  be  amended  afterwards,  in  the  same  stage  ;  be- 
cause the  house  has  on  a  vote,  agreed  to  it  in  that  form. 
In  like  manner,  if  it  is  proposed  to  amend  by  striking  out 
a  paragraph,  the  friends  of  the  paragraph  are  first  to 
make  it  as  perfect  as  they  can  by  amendments,  before 
the  question  is  put  for  striking  it  out.  If,  on  the  ques- 
tion, it  be  retained,  it  cannot  be  amended  afterwards : 
because  a  vote  against  striking  out,  is  equivalent  to  a 
rote  agreeing  to  it  in  that  form. 

When  it  is  moved  to  amend,  by  striking  out  certain 
words,  and  inserting  others,  the  manner  of  stating  the 
question  is,  first  to  read  the  whole  passage  to  be  amend- 
ed as  it  stands  at  present,  then  the  words  proposed  to  be 
struck  out,  next  those  to  be  inserted,  and  lastly,  the  whole 
passage  as  it  will  be  when  amended.  And  the  question, 
if  desired,  is  then  to  be  divided,  and  put  first  on  striking 
out.  If  earned,  it  is  next  on  inserting  the  words  pro- 
posed. If  mat  be  lost,  it  may  be  moved  to  insert  others, 
2  Hats.  80,  7. 

A  motion  is  made  to  amend  by  striking  out  certain 
words,  and  inserting  others  in  their  place,  which  is  neg- 
atived. Then  it  is  moved  to  strike  out  the  same  words, 
and  to  insert  others,  of  a  tenor  entirely  different  from 
those  first  proposed.  It  is  negatived.  Then  it  is  moved 
to  strike  out  the  same  words  and  insert  nothing,  which 
is  agreed  to.  All  this  is  admissible ;  because  to  strike 
out  and  insert  A,  is  one  proposition.  To  strike  out  and 
insert  B,  is  a  different  proposition.  And  to  strike  out 
and  insert  nothing,  is  still  different.  And  the  rejection 


148  Amendments. 

of  one  proposition  does  not  preclude  the  offering  a  dif- 
ferent one.  Nor  would  it  change  the  case  were  the  first 
motion  divided,  by  putting  the  question  first  on  striking 
out,  and  that  negatived.  For  as  putting  the  whole  mo- 
tion to  the  question,  at  once,  would  not  have  precluded, 
the  putting  the  half  of  it  cannot  do  it.* 

But  if  it  had  been  carried  affirmatively  to  strike  out 
the  words,  and  to  insert  A,  it  could  not  afterwards  be  per- 
mitted to  strike  out  A  and  insert  B.  The  mover  of  B 
should  have  notified  while  the  insertion  of  A  was  under 
debate,  that  he  would  move  to  insert  B.  In  which  case, 
those  who  preferred  it,  would  join  in  rejecting  A. 

After  A  is  inserted,  however,  it  may  be  moved  to  strike 
out  a  portion  of  the  original  paragraph,  comprehending 
A,  provided  the  coherence  to  be  struck  out,  be  so  substan- 
tial as  to  make  this  effectively  a  different  proposition. 
For  then  it  is  resolved  into  the  common  case  of  striking 
out  a  paragraph  after  amending  it.  Nor  does  any  thing 
forbid  a  new  insertion,  instead  of  A  and  its  coherence. 

In  U.  S.  senate,  Jan.  25,  1798,  a  motion  to  postpone 
until  the  second  Tuesday  in  February  some  amendments 
proposed  to  the  constitution....The  words  "  until  the  2d 
Tuesday  in  February,"  were  struck  out  by  way  of  amend- 
ment. Then  it  was  moved  to  add  "  until  the  first  day  of 
June."  Objected  that  it  was  not  in  order,  as  the  question 
should  be  first  put  on  the  longest  time ;  therefore,  after 
a  shorter  time  decided  against,  a  longer  cannot  be  put  to 
question.  It  was  answered,  that  this  rule  takes  place 
only  in  filling  blanks  for  time.  But  when  a  specific  time 
stands  part  of  a  motion,  that  may  be  struck  out  as  well 
as  any  other  part  of  the  motion  ;  and  when  struck  out,  a 
motion  may  be  received  to  insert  any  other.  In  fact,  it 
is  not  till  they  are  struck  out,  and  a  blank  for  the  time 

*  In  the  case  of  a  division  of  the  question,  and  a  decision  against 
striking  out,  I  advance  doubtingly  the  opinion  here  expressed.  I 
find  no  authority  either  way  ;  and  I  know  it  may  be  viewed  under  a 
different  aspect.  It  may  be  thought  that  having  decided  separately 
not  to  strike  out  the  passage,  the  same  question  for  striking  out  can- 
not be  put  over  again,  though  with  a  view  to  a  different  insertion. 
Still  I  think  it  more  reasonable  and  convenient,  to  consider  the 
striking  out  and  insertion,  as  forming  one  proposition  ;  but  should 
readily  yield  to  any  evidence  that  the  contrary  is  the  practice  ifc 
parliament. 


Division  of  the  Question.  149 

thereby  produced,  that  the  rule  can  begin  to  operate,  by 
receiving  all  the  propositions  for  different  times,  and 
putting  the  questions  successively  on  the  longest.  Oth- 
erwise, it  would  be  in  the  power  of  the  mover,  by  insert- 
ing originally  a  short  time,  to  preclude  the  possibility  of 
a  longer.  For  till  the  short  time  is  struck  out,  you  can- 
not insert  a  longer ;  and  if,  after  it  is  struck  out,  you 
cannot  do  it,  then  it  cannot  be  done  at  all.  Suppose  the 
first  motion  had  been  to  amend  by  striking  out  *'  the  2d 
Tuesday  of  February,"  and  inserting  instead  thereof, 
14  the  1st  of  June."  It  would  have  been  regular  then  to 
divide  the  question,  by  proposing  first  the  question  to 
strike  out,  and  then  that  to  insert.  Now  this  is  precisely 
the  effect  of  the  present  proceeding ;  only  instead  of  one 
motion  and  two  questions,  there  are  two  motions  and  two 
questions,  to  effect  it ;  the  motion  being  divided  as  well 
as  the  question. 

When  the  matter  contained  in  two  bills,  might  be  bet- 
ter put  into  one,  the  manner  is  to  reject  the  one,  and  in- 
corporate its  matter  into  another  bill  by  way  of  amend- 
ment. Or,  both  may  be  referred  to  a  committee  to  be 
made  into  one  bill.  4  Hats.  319.  So  if  the  matter  of 
one  bill  would  be  better  distributed  into  two,  any  part 
may  be  struck  out  by  way  of  amendment,  and  put  into  a 
new  bill.  If  a  section  is  to  be  transposed,  a  question 
must  be  put  on  striking  it  out  where  it  stands,  and  another 
for  inserting  it  in  the  place  desired. 

A  bill  passed  by  the  one  house  with  blanks.  These 
may  be  filled  up  by  the  other,  by  way  of  amendments, 
returned  to  the  first  as  such  and  passed.  3  Hats.  83. 

The  number  prefixed  to  the  section  of  a  bill,  being 
merely  a  marginal  indication,  and  no  part  of  the  text  of 
the  bill,  the  clerk  regulates  that,  the  house  or  committee 
is  only  to  amend  the  text. 

SECTION  XL. 

DIVISION    OF    THE    QUESTION. 

If  a  question  contain  more  parts  than  one,  it  may  be 
divided  into  two  or  more  questions.  Mem.  in  Hakew.  29, 


150  Division  of  the  Question. 

But  not  as  the  right  of  an  individual  member,  but  with 
the  consent  of  the  house.  For  who  is  to  decide  whether 
a  question  is  complicated  or  not  1  where  it  is  compli- 
cated ?  into  how  many  propositions  it  may  be  divided  ? 
The  fact  is,  that  the  only  mode  of  separating  a  compli- 
cated question  is,  by  moving  amendments  to  it ;  and  these 
must  be  decided  by  the  house  on  a  question,  unless  the 
house  orders  it  to  be  divided:  as  on  the  question,  De- 
cember 2,  1640,  making  void  the  election  of  the  knights 
for  Worcester,  on  a  motion,  it  was  resolved,  to  make 
two  questions  of  it,  to  wit,  one  on  each  knight.  2  Hats. 
85,  86.  So  wherever  there  are  several  names  in  a  ques- 
tion, they  may  be  divided,  and  put  one  by  one.  9  Grey 
414.  So  1729,  April  17,  on  an  objection  that  a  qestion 
M-as  complicated,  it  was  separated  by  amendment.  2 
Hats.  79.  5. 

The  soundness  of  these  observations  will  be  evident 
from  the  embarrassments  produced  by  the  10th  rule  of 
the  senate  of  the  United  States,  which  says,  '*  if  the  ques- 
tion in  debate  contain  several  points,  any  member  may 
have  ihe  same  divided." 

1798,  May  30,  the  alien  bill  in  quasi-committee.  To 
a  section  and  proviso  in  the  original,  had  been  added  two 
new  provisos  by  way  of  amendment.  On  a  motion  to 
strike  out  the  section  as  amended,  the  question  was  de- 
sired to  be  divided.  To  do  this,  it  must  be  put  first  on 
striking  out  either  the  former  proviso,  or  some  distinct 
members  of  the  section.  But  when  nothing  remains  but 
tho  last  member  of  the  section,  and  the  provisos,  they 
cannot  be  divided  so  as  to  put  the  last  member  to  ques- 
tion by  itself;  for  the  provisos  might  thus  be  left  stand- 
ing alone,  as  exceptions  to  a  rule,  when  the  rule  is  taken 
away ;  or  the  new  provisos  might  be  left  to  a  second 
question,  after  having  been  decided  on  once  before  at  the 
«ame  reading  ;  which  is  contrary  to  rule.  But  the  ques- 
tion must  be  on  striking  out  the  last  member  of  the  sec- 
tion as  amended.  This  sweeps  away  the  exceptions 
with  the  rule,  and  relieves  from  inconsistence.  A  ques- 
tion to  be  divisible,  must  comprehend  points  so  distinct 
and  entire,  that  one  of  them  being  taken  away,  the  other 
may  stand  entire.  But  a  proviso  or  exception,  without 
an  enacting  clause,  does  not  contain  an  entire  point  or 
proposition. 


Coexisting  Questions.  151 

May  31.  The  same  bill  being  before  the  senate  of  the 
United  States. ...There  was  a  proviso  that  the  bill  should 
not  extend,  1.  To  any  foreign  minister ;  nor,  2.  to  any 
person  to  whom  the  president  should  give  a  passport ; 
nor  3.  to  any  alien  merchant  conforming  himself  to  such 
regulations  as  the  president  shall  prescribe,  and  a  divis- 
ion of  the  question  into  its  simplest  elements,  was  called 
for.  It  was  divided  into  four  parts,  the  4th  taking  in  the 
words  "  conforming  himself,  &c."  It  was  objected  that 
the  words  "  any  alien  merchant,"  could  not  be  separated 
from  their  modifying  words  "  conforming,  <fcc."  because 
these  words,  if  left  by  themselves,  contain  no  substan- 
tive idea,  will  make  no  sense.  But  admitting  that  the 
divisions  of  a  paragraph  into  separate  questions  must  be 
so  made  as  that  each  part  may  stand  by  itself,  yet,  the 
house  having,  on  the  question,  retained  the  two  first  di- 
visions, the  words  "  any  alien  merchant"  may  be  struck 
out,  and  their  modifying  words  will  then  attach  them- 
selves to  the  preceding  description  of  persons,  and  be- 
come a  modification  of  that  description. 

When  a  question  is  divided,  after  the  question  on  the 
1st  member,  the  2d  is  open  to  debate  and  amendment: 
because  it  is  a  known  rule,  that  a  person  may  rise  and 
speak  at  any  time  before  the  question  has  been  com- 
pletely decided,  by  putting  the  negative,  as  well  as  af- 
firmative side.  But  the  question  is  not  completely  put, 
when  the  vote  has  been  taken  on  the  first  member  only. 
One  half  of  the  question,  both  affirmative  and  negative, 
remains  still  to  be  put.  See  Execut.  Journ.  June  25,  1795. 
The  same  decision-by  president  Adams. 

SECTION  XLL 

COEXISTING    QUESTIONS. 

It  may  be  asked  whether  the  house  can  be  in  posses- 
sion of  two  motions  or  propositions  at  the  same  time  ? 
So  that  one  of  them  being  decided  the  other  goes  to  ques- 
tion without  being  moved  anew  1  The  answer  must  be 
special.  When  a  question  is  interrupted  by  a  vote  of 
adjournment,  it  is  thereby  removed  from  before  the  house. 


152  Equivalent  Questions. 

and  does  not  stand  ipso  facto  before  them  at  their  next 
meeting :  but  must  come  forward  in  the  usual  way.  So, 
when  it  is  interrupted  by  the  order  of  the  day.  Such 
other  privileged  questions  also  as  dispose  of  the  main 
question,  (e.  g.  the  previous  question,  postponement  or 
commitment,)  remove  it  from  before  the  house.  But  it 
is  only  suspended  by  a  motion  to  amend,  to  withdraw, 
to  read  papers,  or,  by  a  question  of  order  or  privilege, 
and  stands  again  before  the  house  when  these  are  de- 
cided. None  but  the  class  of  privileged  questions  can 
be  brought  forward,  while  there  is  another  question  be- 
fore the  house,  the  rule  being,  that  when  a  motion  has 
been  made  and  seconded,  no  other  can  be  received,  ex- 
cept it  be  a  privileged  one. 

SECTION  XLII. 

EQUIVALENT    QUESTIONS. 

If,  on  a  question  for  rejection,  a  bill  be  retained,  it 
passes  of  course  to  its  next  reading.  Hakew.  141.  Scob. 
42.  And  a  question  for  a  second  reading,  determined 
negatively,  is  a  rejection  without  farther  question.  4 
Grey  149.  And  see  Elsynge's  Mcmor.  42.  in  what  cases 
questions  are  to  be  taken  for  rejection. 

Where  questions  are  perfectly  equivalent,  so  that  the 
negative  of  the  one  amounts  to  the  affirmative  of  the  oth- 
er, and  leaves  no  other  alternative,  the  decision  of  the 
one  concludes  necessarily  the  other.  4  Grey  157.  Thus 
the  negative  of  striking  out  amounts  to  the  affirmative  of 
agreeing  ;  and  therefore,  to  put  a  question  on  agreeing 
after  that  on  striking  out,  would  be  to  put  the  same  ques- 
tion in  effect  twice  over.  Not  so  in  questions  of  amend- 
ments between  the  two  houses.  A  motion  to  recede  be- 
ing negatived,  does  not  amount  to  a  positive  vote  to  insist, 
because  there  is  another  alternative,  to  wit,  to  adhere. 

A  bill  originating  in  one  house,  is  passed  by  the  other 
with  an  amendment.  A  motion  in  the  originating  house 
to  agree  to  the  amendment  is  negatived.  Does  there  re- 
sult from  this  a  vote  of  Disagreement,  or  must  the  ques- 
tion on  disagreement  be  expressly  voted?  The  questions 


The  Question.  153 

respecting  amendments  from  another  house  are,  1.    To 
agree.     2.  Disagree.    3.  Recede.    4.  Insist.    5.  Adhere. 
1st.  To  agree.       >       Either  of  these  concludes  the  other 
2d.  To  disagree.  )  necessarily :  for  the  positive  of  either 
is  exactly   the  equivalent  of  the  negative  of  the 
other,  and  no  other  alternative  remains.     On  eith- 
er motion  amendments  to  the  amendment  may  be 
proposed,  e.  g.  if  it  be  moved  to  disagree,  those 
who  are  for  the  amendment  have  a  right  to  pro- 
pose amendments,  and  to  make  it   as  perfect  as 
they  can,  before  the  question  of  disagreeing  is  put. 
3d.  To  recede.     You  may  then  either  insist  or  adhere.  ^ 
4th.  To  insist.    You  may  then  either  recede  or  adhere,  f 
5th.  To  adhere.     You  may  then  either  recede  or  in-  £ 
sist.  J 

Consequently  the  negative  of  these  is  not  equivalent  to 
a  positive  vote  the  other  way.  It  does  not  raise  so  ne- 
cessary an  implication  as  may  authorise  the  secretary  by 
inference  to  enter  another  vote  :  for  two  alternatives  still 
remain,  either  of  which  may  be  adopted  by  the  house. 


SECTION  XLIII. 

THE    QUESTION. 

The  question  is  to  be  put  first  on  the  affirmative,  and 
then  on  the  negative  side. 

After  the  speaker  has  put  the  affirmative  part  of  the 
question,  any  member  who  has  not  spoken  before  to  the 
question,  may  rise  and  speak  before  the  negative  be  put. 
Because  it  is  no  full  question  till  the  negative  part  be  put. 
Scab.  23.  2  Hats.  73. 

But  in  small  matters,  and  which  are  of  course,  such  as 
receiving  petitions,  reports,  withdrawing  motions,  reading 
papers,  &c.  the  speaker  most  commonly  supposes  the 
consent  of  the  house,  where  no  objection  is  expressed, 
and  does  not  give  them  the  trouble  of  putting  the  question 
formally.  Sco'l.  22.  2  Hats.  79,  2, 87.  6  Grey  129.  9  Grey 
301. 

O 


154  Bills,  Third  Reading. 

SECTION  XLIV. 

BILLS,    THIRD    READING. 

To  prevent  bills  from  being  passed  by  surprise,  the 
house,  by  a  standing  order,  directs  that  they  shall  not  be 
put  on  their  passage  before  a  fixed  hour,  naming  one  at 
which  the  house  is  commonly  full,  llokcw.  153. 

The  usage  of  the  senate  of  the  United  States  is  not  to 
put  bills  on  their  passage  till  noon. 

A  bill  reported  and  passed  to  the  third  reading  cannot 
on  that  day  be  read  the  third  time  and  passed :  because 
this  would  be  to  pass  on  two  readings  in  the  same  day. 

Every  bill  shall  receive  three  several  readings,  previ- 
ous to  its  being  passed;  and  the  second  and  third  reading 
shall  be  on  different  days :  and  the  third  reading  shall 
be  on  a  day  subsequent  to  that  on  which  it  has  passed  a 
committee  of  the  whole  house,  unless  the  house  unani- 
mously direct  otherwise.  R.  of  A.  23. 

The  final  reading  of  all  bills  which  require  the  sanc- 
tion of  a  constitutional  majority,  shall  be  had  on  Tues- 
day or  Friday  in  every  week,  and  on  no  other  days,  until 
otherwise  ordered,  except  by  unanimous  consent.  R.  of 
A.  49. 

That  hereafter,  the  final  question  on  the  passage  of  any 
bill  appropriating  the  public  monies,  or  property,  for  lo- 
cal or  private  purposes,  or  creating,  continuing,  altering 
or  renewing  any  body  politic  or  corporate,  shall  betaken 
by  a  division:  and  unless  eighty-six  members  shall  vote 
in  the  affirmative,  the  bill  shall  be  declared  lost ;  and  the 
speaker  shall  certify  upon  all  such  bills  which  shall  so 
pass,  that  two-thirds  of  ail  the  members  elected  to  this 
house,  voted  in  favor  of  the  same.  R.  of  A.  46. 

That  the  final  question  on  the  passage  of  any  bill,  re- 
quiring a  constitutional  majority  of  this  house,  shall  not 
be  deemed  to  be  decided,  unless  eighty-six  members  are 
present,  and  vote  on  the  question.  R.  of  A.  50. 

At  the  third  reading,  the  clerk  reads  the  bill  and  de- 
livers it  to  the  speaker,  who  states  the  title,  that  it  is  the 
third  time  of  reading  the  bill,  and  that  the  question  will 
be  whether  it  shall  pass  ?  Formerly,  the  speaker,  or  those 
who  prepared  a  bill,  prepared  also  a  breviate  or  summary 


Bills,  Third  Reading.  155 

statement  of  its  contents,  which  the  speaker  read  when 
In-  declared  the  state  of  the  bill,  at  the  several  readings. 
Sometimes,  however,  lie  read  the  bill  itself,  especially 
on  its  passage.  Ha/cew.  136,  137,  153.  Coke  22,  115. 
Latterly,  instead  of  this,  he,  at  the  third  reading,  states 
the  whole  contents  of  the  bill  verbatim,  only  instead  of 
reading  the  formal  parts,  "  Be  it  enacted,  &c."  he  states 
that  "  the  preamble  recites  so  and  so — the  1st  section 
enacts  that,  &c. — the  2d  section  enacts  that,  &c." 

But  in  the  senate  of  the  United  States  and  in  the  as- 
sembly of  New-York,  both  of  these  formalities  are  dis- 
pensed with ;  the  breviate  presenting  but  an  imperfect 
view  of  the  bill,  and  being  capable  of  being  made  to  pre- 
sent a  false  one  :  and  the  full  statement  being  an  useless 
waste  of  time,  immediately  after  a  full  reading  by  the 
clerk  :  and  especially  as  every  member  has  a  printed 
copy  of  every  important  bill  in  his  hand. 

A  bill  on  the  third  reading,  is  not  to  be  committed  for 
the  matter  or  body  thereof;  but  to  receive  some  particu- 
lar clause  or  proviso,  it  hath  been  sometimes  suffered,  but 
as  a  thing  very  unusual.  Haktw.  156.  thus  27  EL  1584. 
a  bill  was  committed  on  the  third  reading,  having  been 
formerly  committed  on  the  second,  but  is  declared  not 
usual.  D'Ewes  337.  col  2,  414,  col  2. 

When  an  essential  provision  has  been  omitted,  rather 
than  erase  the  bill,  and  render  it  suspicious,  they  add  a 
clause  on  a  separate  paper,  engrossed  and  called  a  ryder, 
which  is  read  and  put  to  the  question  three  times.  El- 
synge's  Memorials  59.  6  Grey  335.  1  Blackst.  183.  For 
examples  of  ryders  see  3  Hats.  121, 122, 124,  126.  Ev- 
ery one  is  at  liberty  to  bring  in  a  ryder  without  asking- 
leave.  10  Grey  52. 

It  is  laid  down  as  a  general  rule,  that  amendments 
proposed  at  the  second  reading  shall  be  twice  read,  and 
those  proposed  at  the  third  reading  thrice  read ;  as  also 
all  amendments  from, the  other  house.  Town.  col.  19, 
23,  24,  25,  26,  27,  28. 

It  is  with  great,  and  almost  invincible  reluctance,  that 
amendments  are  admitted  at  this  reading,  which  occa- 
sions erasures  or  interlineations.  Sometimes  a  proviso 
has  been  cut  off  from  a  bill;  sometimes  erased.  9  Grct/ 
513. 


15(J  Division  of  the  House. 

This  is  the  proper  stage  for  filling  up  blanks!;  for  »f 
filled  up  before,  and  now  altered  by  erasure,  it  would  be 
peculiarly  unsafe. 

At  this  reading  the  bill  is  debated  afresh,  and  for  the 
most  part  is  more  spoken  to,  at  this  time,  than  on  any  of 
the  former  readings.  Hakew.  153. 

The  debate  on  the  question  whether  it  should  be  read 
a  third  time,  has  discovered  to  its  friends  and  opponents 
the  arguments  on  which  each  side  relies,  and  which  of 
these  appear  to  have  influence  with  the  house  ;  they  have 
had  time  to  meet  them  with  new  arguments,  and  to  put 
their  old  ones  into  new  shapes.  The  former  vote  has 
tried  the  strength  of  the  first  opinion,  and  furnished 
grounds  to  estimate  the  issue  ;  and  the  question  now  of- 
fered for  its  passage,  is  the  last  occasion  which  is  ever  to 
be  offered  for  carrying  or  rejecting  it. 

When  the  debate  is  ended,  the  speaker,  holding  the 
bill  in  his  hand,  puts  the  question  for  its  passage  by  say- 
ing, "Gentlemen,  all  you  who  are  of  opinion  that  this 
bill  shall  pass,  say  aye,"  and  after  the  answer  of  the 
ayes,  "  All  those  of  the  contrary  opinion  say  no." — 
Hakew.  154. 

After  the  bill  is  passed,  there  can  be  no  further  altera- 
tion of  it  in  any  point.  Hakew.  159. 

SECTION  XLV. 

DIVISION    OP    THE    HOUSE. 

The  affirmative  and  negative  of  the  question  having 
been  both  put  and  answered,  the  speaker  declares  whe- 
ther the  yeas  or  nays  have  it  by  the  sound,  if  he  be  him- 
self satisfied,  and  it  stands  as  the  judgment  of  the  house. 
But  if  he  be  not  himself  satisfied  which  voice  is  the  great- 
er, or  if,  before  any  other  member  comes  into  the  house, 
or  before  any  new  motion  made,  (for  it  is  too  late  after 
that,)  any  member  shall  rise  and  declare  himself  dissat- 
isfied with  the  speaker's  decision,  then  the  speaker  is  to 
divide  the  house.  Scob.%1.  2  Hats.  140. 

When  the  house  of  commons  is  divided,  the  one  party 
goes  forth,  and  the  other  remains  in  the  house.  This 


Division  of  the.  House.  \  -">"/ 

has  made  it  important  which  go  forth,  and  which  remain  ; 
because  the  latter  gain  all  the  indolent,  the  iiidilli-reiii. 
and  inattentive.  Their  general  rule  therefore  is,  that 
those  who  give  their  votes  for  the  preservation  of  the  or- 
ders of  the  house,  shall  stay  in,  and  those  who  are  for 
introducing  any  new  matter  or  alteration,  or  proceeding 
contrary  to  the  established  course,  are  to  go  out.  But 
this  rule  is  subject  to  many  exceptions  and  modifications. 
2  Hats.  134.  1  Rush.  p.  3.  fol.  92.  8r.ob.  43,  5:2.  Co.  12, 
116.  D'Etocs  505.  col.  1.  Mem.  in  Hakcw.  25,  29.  as 
will  appear  by  the  following  statement  of  who  go  forth. 

Petition  that  it  be  received,*    )   . 

Read.  }A-ves- 

Lie  on  the  table,  \ 

Rejected  after  refusal  to  lie  on  >  Noes. 

the  table.  j 

Referred   to  a  committee,  or  )   . 

farther  proceeding,  ]     ?ei 

Bill  that  it  be  brought  in, 

Read  1st  or  2d  time, 

Engrossed,  or  read  3d 


tme, 


>•  Ayes. 


Proceeding  on  every  other 

stage, 

Committed, 
To  committee  of  the  whole,         Noes. 
To  a  select  committee,  Ayes. 

Report  of  bill  to  lie  on  table,       Noes, 
Be  now  read,  \ 

Be  taken  into  consideration  3    >  Ql 

months  hence,  j  3    L'J' 

Amendments  be  read  a  2d  time,  Noes. 
Clause  offered  on  report  of      "} 

bill  be  read  2d  time,  1  Ayes. 

For  receiving  a  clause,  f  334. 

With  arnendm'ts  be  engrossed,  j  395. 

That  a  bill  be  now  read  a  3d  time,  Noes.  398. 
Receive  a  ryder,  \  200. 

Pass,  >Ayes.    259. 

Be  printed, 

*  Noes  9  Grey  3G5. 
O2 


158 


Division  of  the  House. 


344, 


Committees.    That  A  take  the 

chair, 
To  agree  to  the  whole  or  any 

part  of  report, 
That  the  H.  do  now  resolve 

into  committee, 
Speaker.     That  he  now  leave  J>Noes. 

the  chair,  after  order  to 

go  into  committee, 
That  he  issue  warrant  for  a 

new  writ, 
Member.     That  none  be  ab- 

sent without  leave, 
Witness.     That  he  be  further 

examined, 
Previous  question, 
Blanks.     That  they  be  filled 

with  the  largest  sum, 
Amendments.     That  words 

stand  part  of 
Lords.      That   their    amend- 

ment  be  read  a  2d  time, 
Messenger  be  received, 
Orders  of  day  to  be  now  read, 

if  before  2  o'clock, 

If  after  2  o'clock, 
Adjournment,  till  the  next  sit- 
ting  day,   if    before    4 
o'clock. 

if  after  4  o'clock, 
Over  a  sitting  day,  (unless  a 

previous  resolution,) 
Over  the  30th  of  January, 
For  sitting  on  Sunday  or  any 

other  'lay,  not  being  a  sit- 

ting  day, 


The  one  party  being  gone  forth,  the  speaker  names 
two  tellers  from  the  affirmative,  and  two  from  the  nega- 
tive side,  who  first  count  those  sitting  in  the  house,  and 
report  the  number  to  the  speaker.  Then  they  place 
themselves  within  the  door,  two  on  each  side,  and  count 


Division  of  the  House.  159 

those  who  went  forth,  as  they  come  in,  and  report  the 
number  to  the  speaker.  Mem.  in  Ilakew.  26. 

A  mistake  in  the  report  of  the  tellers  may  be  rectified 
after  the  report  made.  2  Hats.  145.  note. 

But  in  both  houses  of  congress,  and  in  the  assembly 
of  New-York,  all  these  intricacies  are  avoided.  The  ayes 
first  rise  and  are  counted,  standing  in  their  places,  by  the 
president  or  speaker.  Then  they  sit,  and  the  noes  rise- 
aiid  are  counted  in  like  manner. 

In  the  U.  S.  senate,  if  they  be  equally  divided,  the 
vice-president  announces  his  opinion,  which  decides.  In 
assembly  of  New-York,  the  speaker  exercises  a  like 
power. 

By  the  llth  rule  of  the  U.  S.  senate,  when  the  yeas 
and  nays  shall  be  called  for  by  one  fifth  of  the  members 
present,  each  member  called  upon,  shall,  unless  for  spe- 
cial reasons  he  be  excused  by  the  senate,  declare  openly 
and  without  debate,  his  assent  or  dissent  to  the  question. 
In  taking  the  yeas  and  nays,  and  upon  the  call  of  the 
house,  the  names  of  the  members  shall  be  taken  alpha- 
betically. 

When  it  is  proposed  to  take  the  vote  by  yeas  and  nays, 
the  president  or  speaker  states,  that  "  the  question  is, 
whether  e.  g.  the  bill  shall  pass  ?  that  it  is  proposed  that 
the  yeas  and  nays  shall  be  entered  on  the  journal.  Those 
therefore  who  desire  it  will  rise."  If  he  finds  and  de- 
clares that  one  fifth  have  risen,  he  then  states  that  "those 
who  are  of  opinion  that  the  bill  shall  pass  are  to  answer 
in  the  affirmative,  those  of  the  contrary  opinion  in  the 
negative."  The  clerk  then  calls  over  the  names  alpha- 
betically, notes  the  yea  or  nay  of  each,  and  gives  the 
list  to  the  president  or  speaker,  who  declares  the  result. 
In  senate  of  U.  S.  if  there  be  an  equal  division,  the 
secretary  calls  on  the  vice-president,  and  notes  his  affir- 
mative or  negative,  which  becomes  the  decision  of  the 
house. 

In  assembly,  upon  a  division,  either  in  the  house,  or  in 
committee  of  the  whole  house,  the  names  of  those  who 
vote  for,  and  those  who  vote  against  the  question,  shall 
be  entered  upon  the  minutes,  if  any  ten  members  require 
it.  R.  of  A.  30. 

That  in  all  cases  where  a  bill,  order,  resolution,  or  mo- 


160  Division  of  the,  House. 

tion,  shall  be  entered  on  the  journals  of  this  house,  the 
name  of  the  member  moving  the  same  shall  also  be  en- 
tered on  the  journals.  R.  of  A.  37. 

The  clerk  calls  over  the  names,  enters  down  the  votes, 
tells  them  over  and  declares  the  result  of  the  vote. 

If  the  house  is  equally  divided,  the  speaker  gives  the 
casting  vote  which  is  noted  accordingly. 

The  speaker  shall  not  vote  in  any  case,  unless  where 
the  vote  shall  be  by  ballot ;  or  when  the  house  shall  be 
equally  divided ;  or  when  his  vote  added  to  the  minority, 
shall  make  an  equal  division;  and  In  case  of  such  equal 
division,  the  question  shall  be  lost.  R.  of  A.  4. 

In  the  house  of  commons,  every  member  must  give  his 
vote  the  one  way  or  the  other.  Scob.  24.  as  it  is  not  per- 
mitted to  any  one  to  withdraw  who  is  in  the  house  when 
the  question  is  put,  nor  is  any  one  to  be  told  in  the  division 
who  was  not  in  when  the  question  was  put.  2  Hats.  140. 

This  last  position  is  always  true  when  the  vote  is  by 
yeas  and  nays  ;  where  the  negative  as  well  as  affirm- 
ative of  the  question  is  stated  by  the  president  at  the  same 
time,  and  the  vote  of  both  sides  begins  and  proceeds  pari 
passu.  It  is  true  also  when  the  question  is  put  in  the  usual 
way,  if  the  negative  has  also  been  put.  But  if  it  has  not, 
the  member  entering,  or  any  other  member,  may  speak, 
and  even  propose,  amendments  by  which  the  debate  may 
be  opened  again,  and  the  question  be  greatly  deferred. 
And  as  some  who  have  answered  aye,  may  have  been 
changed  by  the  new  arguments,  the  affirmative  must  be 
put  over  again.  If  then  the  member  entering  may,  by 
speaking  a  few  words,  occasion  a  repetition  of  the  ques- 
tion it  would  l:e  useless  to  deny  it  on  his  simple  call  for  it. 

While  the  house  is  telling,  no  member  may  speak,  or 
move  out  of  his  place;  for  if  any  mistake  be  suspected, 
it  must  be  told  again.  Mem.  in  Hakew.  26.  2  Hats.  143. 

Every  member  who  shall  be  present  when  a  question 
is  stated  from  the  chair,  shall  vote  for  or  against  the  same, 
•unless  the  house  shall  excuse  him,  or  unless  he  be  imme- 
diately interested  in  the  question  ;  in  which  case  he  shall 
not  vote  ;  but  no  member  shall  be  permitted  to  vote  upon 
any  question,  unless  present  when  his  name  is  called  upon 
a  division  in  its  regular  order.  R.  of  A.  18. 

If  any  difficulty  arises  in  point  of  order  during  the  di- 


Reconsideration.  101 

vision,  the  speaker  is  to  decide  peremptorily,  subject  to 
the  future  censure  of  the  house  if  irregular.  He  some- 
times permits  old  experienced  members  to  assist  him  with 
their  advice,  which  they  do,  sitting  in  their  seats,  covered, 
to  avoid  the  appearance  of  debate  ;  but  this  can  only  be 
with  the  speaker's  leave,  else  the  division  might  last  sev- 
eral hours.  2  Hats.  143. 

The  voice  of  the  majority  decides.  For  the  lex  ma- 
joris  partis  is  the  law  of  all  councils,  elections,  &c. 
where  not  otherwise  expressly  provided.  Hakew.  93.  But 
if  the  house  be  equally  divided  "  semper  presumatur  pro 
negante ;"  that  is,  the  former  law  is  not  to  be  changed 
but  by  a  majority.  Town.  col.  134. 

But  in  the  senate  of  the  United  States,  the  vice-presi- 
dent decides,  when  the  house  is  divided.  Constitution 
United  States  I.  3. 

When  from  counting  the  house  on  a  division,  it  ap- 
pears that  there  is  not  a  quorum,  the  matter  continues 
exactly  in  the  state  in  which  it  was  before  the  division, 
and  must  be  resumed  at  that  point  on  any  future  day. 
2  Hats.  126. 

1606,  May  1,  On  a  question  whether  a  member  having 
said  yea,  may  afterwards  sit  and  change  his  opinion  1  a 
precedent  was  remembered  by  the  speaker,  of  Mr.  Mor- 
ris, attorney  of  the  wards  in  39  Eliz.  who  in  like  case 
changed  his  opinion.  Mem.  in  Hakeic.  27. 

SECTION  XLVI. 

RECONSIDERATION. 

When  a  question,  in  senate  of  the  U.  S.  has  been  once 
made  and  carried  in  the  affirmative,  or  negative,  it  shall 
be  in  order  for  any  member  of  the  majority,  to  move  for 
the  reconsideration  thereof.  Rule  22. 

1798,  January.  A  bill  on  its  second  reading,  being 
amended,  and  on  the  question  whether  it  shall  be  read  a 
third  time  negatived,  was  restored  by  a  decision  to  re- 
consider that  question.  Here  the  votes  of  negative  and 
reconsideration,  like  positive  and  negative  quantities  in 
equation,  destroy  one  another,  and  are  as  if  they  wer« 


162  Reconsideration. 

expunged  from  the  journals.  Consequently  the  bill  is 
open  for  amendment,  just  so  far  as  it  was  the  moment 
preceding  the  question  for  the  third  reading.  That  is  to 
say,  all  parts  of  the  bill  are  open  for  amendment,  except 
those  on  which  votes  have  been  already  taken  in  its  pre- 
sent stage.  So  also  it  may  be  recommitted. 

The  rule  permitting  a  reconsideration  of  a  question 
affixing  to  it  no  limitation  of  time  or  circumstance,  it 
may  be  asked  whether  there  is  no  limitation  ?  If,  after 
the  vote,  the  paper  on  which  it  is  passed  has  been  parted 
with,  there  can  be  no  reconsideration:  as  if  a  vote  has 
been  for  the  passage  of  a  bill,  and  the  bill  has  been  sent 
to  the  other  house.  But  where  the  paper  remains,  as  on 
a  bill  rejected ;  when,  or  under  what  circumstances  does 
it  cease  to  be  susceptible  of  reconsideration  1  This  re- 
mains to  be  settled:  unless  a  sense  that  the  right  of  re- 
consideration is  a  right  to  waste  the  time  of  the  house  in 
repeated  agitations  of  the  same  question,  so  that  it  shall 
never  know  when  a  question  is  done  with,  should  induce 
them  to  reform  this  anomalous  proceeding. 

No  motion  for  re-consideration  shall  be  in  order,  unless 
on  the  same  day  or  clay  following  that  on  which  the  de- 
cision proposed  to  be  re-considered  took  place,  ttor  un- 
less one  of  the  majority  shall  move  such  re-considera- 
tion. A  motion  for  re-consideration  being  put  and  lost, 
shall  not  be  renewed,  nor  shall  any  subject  be  a  second 
time  re-considered  without  unanimous  consent.  JR.  of 
A.  34. 

A  motion  to  reconsider  the  vote  upon  the  final  passage 
of  any  bill,  requiring  the  assent  of  two-thirds  of  all  the 
members  elected  to  this  house,  shall  be  made  by  a  mem- 
ber who  voted  against  the  bill;  and  two-thirds  of  the 
members  present  shall  be  required  to  reconsider  the 
same.  R.  of  A.  54. 

Notice  of  such  intended  reconsideration  ought  to  be 
given  in  the  house,  as  soon  after  the  decision  of  the  point 
about  which  the  reconsideration  is  to  be  moved,  as  posi- 
ble ;  otherwise  the  subject  matter  may  be  beyond  the 
reach  of  the  house,  by  being  sent  to  the  senate  or  other- 
wise. 

In  parliament,  a  question  once  carried,  cannot  be 
questioned  again  at  the  same  session  ;  but  must  stand 


Reconsideration.  1 03 

as  the  judgment  of  the  house.      Town.  col.  67.  Mcui.  in 

7/.  >,r.  3;>.    And  a  bill  once  rejected,  another  of  the 

substance  cannot  be  brought  in  again  iiie  sari 

'J9'2.     But  this  do 

tend  to  prevent  putting'  the  same  quo-tit;:,  m  difu-n  nt 
-  of  a  iiiil  ;  hi-iM'.ise  every  stage  of  a  bill  submits  tlie 
whole  and  every  part  of  it  to  the  opinion  of  the  house, 
as  open  for  amendment,  either  by  insertion  or  omission, 
though  the  same  amendment  has  been  accepted  or  re- 
jected in  a  former  stage.  So  in  reports  of  committees, 
e.g.  report  of  an  address,  the  same  question  is  before  the 
house,  and  open  for  free  discussion.  Town.  col.  26.  2 
H:(t$.  98,  100,  101.  So  orders  of  the  house,  or  instruc- 
tions to  committees  may  be  discharged.  So  a  bill,  be- 
gun in  one  house,  sent  to  the  other,  and  there  rejected, 
may  be  renewed  again  in  that  other,  passed  and  sent 
back.  76.  92.  3  Hats.  161.  Or  if,  instead  of  being  re- 
jected, they  read  it  once  and  lay  it  aside,  or  amend  it, 
and  put  it  off  a  month,  they  may  order  in  another  to  the 
same  effect  with  the  same  or  a  different  title.  Ifakew. 
97,  98. 

Divers  expedients  are  used  to  correct  the  effects  of  this 
rule  ;  as  by  passing  an  explanatory  act,  if  any  thing  has 
been  omitted  or  ill  expressed,  3  Hats.  278.  or  an  act  to 
enforce,  and  make  more  effectual  an  act,  &c.  or  to  rec- 
tify mistakes  in  an  act,  &c.  or  a  committee  on  one  bill 
may  be  instructed  to  receive  a  clause  to  rectify  the  mis- 
takes of  another.  Thus,  June  24,  1685,  a  clause  was 
inserted  in  a  bill  for  rectifying  a  mistake  committed  by  a 
clerk  in  engrosssmg  a  bill  of  supply.  2  Hats.  194,  6.  Or 
the  session  may  be  closed  for  one,  two,  three  or  more 
days,  and  a  new  one  commenced.  But  then  all  matters 
depending  must  be  finished,  or  they  fall,  and  arc  to  be- 
gin Je  novo.  2  Hats.  94,  to  9$.  Or  a  part  of  the  subject 
may  be  taken  up  by  another  bill,  or  taken  up  in  a  differ- 
ent way.  6  Grey  304,  316. 

And  in  cases  of  the  last  magnitude,  this  rule  has  not 
been  so  strictly  and  verbally  observed  as  to  stop  indis- 
pensable proceedings  altogether.  2  Hats.  92,  98.  Thus 
when  the  address  on  the  preliminaries,  of  peace,  in  1782. 
ecu  losv  by  a  majority  of  one,  on  account  of  the 
importance  Of  We  question,  and  smalluess  of  the  major- 


1G4  Kills  from  the  other  house. 

ity,  the  same  question  in  subtance,  though  with  some 
words  not  in  the  first,  and  which  might  change  the  opin- 
ion of  some  members,  was  brought  on  again  and  carried  ; 
as  the  motives  for  it  were  thought  to  outweigh  the  objec- 
tion of  form.  2  Hats.  99,  100. 

A  second  bill  may  be  passed  to  continue  an  act  of  the 
same  session  ;  or  to  enlarge  the  time  limited  for  its  exe- 
cution. 2  Hats.  95,  98.  This  is  not  in  contradiction  to 
the  first  act. 

SECTION  XLVII. 

BILLS    FROM    THE    OTHER   HOUSE. 

When  a  bill  or  resolution  which  shall  have  passed  in 
f>ne  house,  is  rejected  in  the  other,  notice  thereof  shall 
be  given  to  the  house  in  which  the  same  may  have  pas- 
•ed.  Joint  R.  of  S.  and  A.  2. 

Messages  from  one  house  to  the  other,  shall  be  com- 
municated by  the  respective  clerks  of  each  house,  unless 
the  house  transmitting  the  message  shall  especially  direct 
otherwise.  Ib.  3. 

It  shall  be  in  the  power  of  either  house  to  amend  any 
amendment  made  by  the  other,  to  any  bill  or  resolution. 
—76.  4. 

A  bill  from  the  other  house  is  sometimes  ordered  to  lie 
on  the  table.  2  Hats.  97. 

When  bills  passed  in  one  house  and  sent  to  the  other, 
are  grounded  on  special  facts  requiring  proof,  it  is  usual 
either  by  message,  or  at  a  conference,  to  ask  the  grounds 
and  evidence ;  and  this  evidence,  whether  arising  out  of 
papers,  or  from  the  examination  of  witnesses,  is  immedi- 
ately communicated.  SHats.  48. 

SECTION  XLVIII. 

AMENDMENTS    BETWEEN    THE    HOUSES. 

When  either  house,  e.  £.  the  house  of  commons,  sends 
a  bill  to  the  other,  the  other  may  pass  it  with  amend- 


Amendments  between  tJie  ITtnufr*.  165 

ments.  The  regular  progression  in  this  case  is,  that  the 
commons  disagree  to  ihe  amendment;  the  lords  insist  on 
it;  the  commons  insist  on  their  disagreement;  the  lords 
adhere  to  their  amendment ;  the  commons  adhere  to  their 
disagreement.  The  term  of  insisting,  may  be  repeated 
as  often  as  they  choose,  to  keep  the  question  open.  But 
the  first  adherence  by  either,  renders  it  necessary  for  the 
other  to  recede  or  adhere  also  ;  when  the  matter  is  usu- 
ally suffered  to  fall.  10  Grey  148.  Latterly,  however, 
there  are  instances  of  their  having  gone  to  a  second  ad- 
herence. There  must  be  an  absolute  conclusion  of  the 
subject  somewhere,  or  otherwise  transactions  between 
the  houses  would  become  endless.  3  Hat*.  268,  270. 
The  term  of  insisting,  we  are  told  by  sir  John  Trevor, 
was  then  (1679)  newly  introduced  into  parliamentary 
usage,  by  the  lords.  7  Grey  94.  It  was  certainly  a 
happy  innovation,  as  it  multiplies  the  opportunities  of 
trying  modifications  which  mv.y  bring  the  houses  to  a 
concurrence.  Either  house  however  is  free  to  pass  over 
the  term  of  insisting,  and  to  adhere  in  the  first  instance. 
10  Grey  146.  But  it  is  not  respectful  to  the  other.  In 
the  ordinary  parliamentary  course,  there  are  two  free 
conferences  at  least  before  an  adherence.  10  Grey  147. 

Either  house  may  recede  from  its  amendment  and 
agree  to  the  bill ;  or  recede  from  their  disagreement  to 
the  amendment,  and  ajjree  to  the  same  absolutely,  or 
with  an  amendment.  For  here  the  disagreement  and  re- 
ceding destroy  one  another,  and  the  subject  stands  as  be- 
fore the  disagreement.  Elsynge  23,  27.  9  Grey  476. 

But  the  house  cannot  recede  from,  or  insist  on  its  own 
amendment,  with  an  amendment ;  for  the  same  reason 
that  it  cannot  send  to  the  other  house  an  amendment  to 
its  own  act  after  it  has  passed  the  act.  They  may  modify 
an  amendment  from  the  other  house  by  ingrafting  an 
amendment  on  it,  because  they  have  never  assented  to 
it :  but  they  cannot  amend  their  own  amendment,  be- 
cause they  have,  on  the  question,  passed  it  in  that  form. 
9  Grey  353.  10  Grey  240.  In  senate,  March  29,  1793. 
No-  where  one  house  has  adhered  to  their  amendment, 
and  the  other  agrees  with  an  amendment,  can  the  first 
house  depart  from  the  form  which  they  have  fixed  by  an 
adherence. 

P 


166  Amendments  between  the  Houses. 

In  the  case  of  a  money  bill,  the  lords'  proposed  a- 
meiulmeots,  become  by  delay,  confessedly  necessary. 
The  commons,  however,  refused  them,  as  infringing  on 
their  privilege  as  to  money  bills ;  but  they  offered  them- 
selves to  add  to  ihe  hill  a  proviso  to  the  same  effect,  which 
had  no  coherence  with  the  lords'  amendments ;  and  in  g- 
ed  that  it  w^as  an  expedient  warranted  by  precedent,  and 
not  unparliamentary,  in  a  case  become  impracticable 
and  irremediable  in  any  other  way.  3  Hats.  256,  266, 
270,  271.  But  the  lords  refused,  and  the  bill  was  lost. 
1  Chand.  2S8.  A  like  case,  1  Chand.  311.  So  the  com- 
mons resolved  that  it  is  unparliamentary  to  strike  out  at 
a  conference  any  thing  in  a  bill  which  hath  been  agreed 
and  passed  by  both  houses.  6  Grey  274.  1  Chand.  312. 

A  motion  to  amend  an  amendment  from  the  other 
house,  takes  precedence  of  a  motion  to  agree  or  disagree. 

A  bill  originating  in  one  house,  is  passed  by  the  other 
with  an  amendment.  The  originating  house  agrees  to 
their  amendment  with  an  amendment.  The  other  may 
agree  to  their  amendment  with  an  amendment ;  that  be- 
ing only  the  second  and  not  the  third  degree.  For  as  to 
the  amending  house,  the  first  amendment  with  which 
they  passed  the  bill,  is  a  part  of  its  text ;  it  is  the  only 
text  they  have  agreed  to.  The  amendment  to  that  text 
by  the  originating  house,  therefore,  is  only  in  the  first 
(U">r<'e,  and  the  amendment  to  that  again  by  the  amend- 
ing house,  is  only  in  the  second,  to  wit,  an  amendment 
to  an  amendment  and  so  admissible.  Just  so  when,  on 
a  bill  from  the  originating  house,  the  other,  at  its  second 
reading,  makes  an  amendment ;  on  the  third  reading,  this 
amendment  is  become  the  text  of  the  bill,  and  if  an  a- 
mendment  to  it  be  moved,  an  amendment  to  that  amend- 
ment may  also  be  moved,  as  being  only  in  the  second 
degree. 

It  shall  be  in  the  power  of  either  house  to  amend  any 
amendment  made  by  the  other,  to  any  bill  or  resolution. 
—Joint  R.  of  8.  fy  A.  4. 


Conferences.  167 

SECTION  XLIX. 


CONFERENCES. 

In  every  case  of  a  difference  between  the  two  houses 
upon  any  subject  of  legislation,  either  house  may  request 
a  conference,  and  appoint  a  committee  for  that  purpose, 
and  the  other  shall  also  appoint  a  committee  to  confer. 
The  committee  shall  meet  at  such  hour  and  place  as 
shall  be  agreed  upon  by  their  chairman,  and  state  to  each 
other,  verbally  or  in  writing,  as  either  shall  choose,  the 
reasons  of  their  respective  houses,  and  confer  freely 
thereon.  And  they  shall  be  authorised  to  report  to  their 
respective  houses,  such  modifications  or  amendments  as 
they  may  think  advisable.  Joint  R.  of  8.  and  A.  5. 

It  shall  be  in  order  for  either  house  to  recede  from  any 
subject  matter  of  difference  subsisting  between  the  two 
houses  at  any  time  previous  to  conference,  whether  the 
papers  on  which  such  difference  has  arisen  are  before 
the  house  receding,  formally  or  informally,  and  that  a 
majority  shall  govern,  except  in  those  cases  where  two 
thirds  are  required  by  the  constitution  ;  and  the  question 
having  been  put  and  lost,  shall  not  be  again  put  on  the 
same  day,  and  the  reconsideration  thereof  shall  in  other 
respects  be  regulated  by  the  rules  of  the  respective  hous- 
es. Ib.  6. 

After  each  house  shall  have  adhered  to  their  disagree- 
ment, the  bill  which  is  the  subject  of  difference,  shall  be 
deemed  lost,  and  shall  not  be  again  revived  during  the 
same  session  in  either  house.  Ib.  7. 

It  is  on  the  occasion  of  amendments  by  one  house  dis- 
agreed to  by  the  other,  that  conferences  are  usually 
asked ;  but  they  may  be  asked,  4  Hats.  4,  223,  in  all 
cases  of  difference  of  opinion  between  the  two  houses, 
on  matters  depending  be  ween  them.  4  Hats.  4,  5,  7L 
The  request  of  a  conference,  however,  must  always  be 
by  the  house  which  is  possessed  of  the  papers.  3  Hats. 
81.  1  Grey  425.  4  Hats.  3,  43. 

Conferences  may  be  either  simple  or  free.  At  a  con- 
ference simply,  written  reasons  are  prepared  by  the  house 
asking  it,  and  they  are  read  and  delivered,  without  dc- 


I  63  Conferences. 

bale,  to  the  managers  of  the  other  house  at  the  confer* 
ence ;  but  are  not  then  to  be  answered.  3  Grey  144. 
The  other  house  then,  if  satisfied,  vote  the  reasons  satis- 
factory, or  say  nothing :  if  not  satisfied,  they  resolve 
them  not  satisfactory,  and  ask  a  conference  on  the  sub- 
ject of  the  last  conference,  where  they  read  and  deliver 
in  like  manner  written  answers  to  those  reasons.  3  Grey 
183.  They  are  meant,  chiefly,  to  record  the  justification 
of  each  house  to  the  nation  at  large,  and  to  posterity, 
and  in  proof  that  the  miscarriage  of  a  necessary  measure 
is  not  imputable  to  them.  3  Grey  255.  At  free  confer- 
ences, which  are  asked  after  two  conferences,  4  Hats. 
37,  40.  the  managers  discuss,  viva  voce  and  freely,  and 
interchange  propositions  for  such  modifications  as  may 
be  made  in  a  parliamentary  way,  and  may  bring  the  sense 
of  the  two  houses  together.  The  conferees  may  argue 
in  support  of  what  was  done  in  their  house,  but  not  against 
it,  nor  assent  to  any  new  thing  there  propounded,  till  their 
house  be  informed  and  agree  to  it.  4  Hats.  31,  33.  And 
each  party  reports  in  writing  to  their  respective  houses, 
the  substance  of  what  is  said  on  both  sides,  and  it  is 
entered  in  their  journals.  9  Grey  220.  3  Hats.  280.  4 
Hats.  48.  This  report  cannot  be  amended  or  altered,  as 
that  of  a  committee  may  be.  Journ.  Sen.  May  24,  1796. 
A  conference  may  be  asked  before  the  house  asking  it 
has  come  to  a  resolution  of  disagreement,  insisting  or 
adhering.  3  Hats.  269, 341.  In  which  case  the  papers 
are  not  left  with  the  other  conferees,  but  are  brought 
back  to  be  the  foundation  of  the  vote  to  be  given.  And 
this  is  the  most  reasonable  and  respectful  proceed- 
ing. For,  as  was  urged  by  the  lords  on  a  particular 
occasion,  "it  is  held  vain  and  below  the  wisdom  of  par- 
liament to  reason  or  argue  against  fixed  resolutions,  and 
upon  terms  of  impossibility  to  persuade."  3  Hats.  226. 
So  the  commons  say  "  an  adherence  is  never  delivered 
at  a  free  conference,  which  implies  debate."  10  Grey  147. 
And  on  another  occasion,  the  lords  made  it  an  objection 
that  the  commons  had  asked  a  free  conference  after  they 
had  made  resolutions  of  adhering.  It  was  then  affirmed, 
however,  on  the  part  of  the  commons,  that  nothing  was 
more  parliamentary  than  to  proceed  with  free  conferen- 
ces after  adhering;  3  Hats.  269.  and  we  do  in  fact  see 


Conferences.  169 

instances  of  conferences,  or  of  free  conference,  asked 
after  the  resolution  of  disagreeing,  3  /fat*.  2.51,  253, 
260,  286,  291,  316,  349;  of  insisting,  ib.  2*0,  2<><>,  291), 
319,  322,  355;  of  adhering,  269,  270,  233,  300;  and 
even  of  a  second  or  final  adherence,  3  Hats.  270.  And 
in  all  cases  of  conference  asked  after  a  vote  of  disagree- 
ment, &c.  the  conferees  of  the  house  asking  it,  are  to 
leave  the  papers  with  the  conferees  of  the  other :  and  in 
one  case,  where  they  refused  to  receive  them,  they  were 
left  on  the  table  in  the  conference  chamber.  Ib.  271, 
317,  323,  354.  10  Grey  146. 

The  commons  affirm  that  it  is  usual  to  have  two  free 
conferences  or  more,  before  either  house  proceeds  to  ad- 
here :  because,  before  that  time,  the  houses  have  not  had 
the  full  opportunity  of  making  replies  to  one  another's 
arguments  ;  and  to  adhere  so  suddenly  and  unexpectedly, 
excludes  al  I  possibility  of  offering  expedients.  4  Hats.  330. 

After  a  free  conference,  the  usage  is  to  proceed  with 
free?conferences,  and  not  to  return  again  to  a  conference. 
—3  Hats.  270.  9  Grey  229. 

After  a  conference  denied  a  free  conference  may  be 
asked.  1  Grey  45. 

When  a  conference  is  asked,  the  subject  of  it  must  be 
expressed,  or  the  conference  not  agreed  to.  Orel.  II. 
Commons  89.  1  Grey  425.  7  Grey  31.  4  Hats.  20,  46. 
They  are  sometimes  asked  to  enquire  concerning  an  of- 
fence, or  default  of  a  member  of  the  other  house.  6  Grey 
181.  1  Chandler  304.  Or  the  failure  of  the  other  house 
to  present  to  the  king  a  bill  passed  by  both  houses.  8 
Grey  302.  Or  on  information  received,  and  relating  to 
the  safety  of  the  nation.  10  Grey  171.  Or,  when  the- 
methods  of  parliament  are  thought  by  the  one  house  to 
have  been  departed  from  by  the  other,  a  conference  is 
asked  to  come  to  a  right  understanding  thereon.  10  Grey 
148.  So  when  an  unparliamentary  message  has  been 
sent,  instead  of  answering  it,  they  ask  a  conference.  3 
Grey  155.  Formerly,  an  address,  or  articles  of  impeach- 
ment, or  a  bill  with  amendments,  or  a  vote  of  the  house, 
or  concurrence  in  a  vote,  or  a  message  from  the  king, 
were  sometimes  communicated  by  way  of  conference.  6 
Grey  128,  300,  387.  7  Grey  80.  8  Grey  210,  255.  1 

P2 


170  Messages. 

Torbuck's  Deb.  278.  1 0  Grey  293.  1  Chandler  49, 287. 
But  this  is  not  the  modern  practice.  8  Grey  255. 

A  conference  has  been  asked  after  the  first  reading  of 
a  bill.  1  Grey  194.  This  is  a  singular  instance. 

During  the  time  of  a  conference  the  house  can  do  no 
business.  As  soon  as  the  names  of  the  managers  are 
called  over,  and  they  are  gone  to  the  conference,  the 
speaker  leaves  the  chair,  without  any  question,  and  re- 
sumes it  on  the  return  of  the  managers.  It  is  the  same 
while  the  managers  of  an  impeachment  are  at  the  house 
of  lords.  4  Hats.  47,  209,  288. 


SECTION  L. 

MESSAGES. 

Messages  between  the  two  houses  are  to  be  sent  only 
while  both  houses  are  sitting.  3  Hats.  15.  They  are 
received  during  a  debate,  without  adjourning  the  debate. 
3  Hats.  22. 

In  the  house  of  representatives,  and  in  the  assembly  of 
N.  Y.  as  in  parliament,  if  the  house  be  in  committee 
when  a  messenger  attends,  or  when  any  important  mes- 
sage is  transmitted,  the  speaker  takes  the  chair  to  receive 
the  message,  announces  the  same,  and  then  quits  it  to 
return  into  committee,  generally  without  any  question  or 
interruption.  4  Grey  226. 

Messengers  are  not  saluted  by  the  members,  but  by 
the  speaker  for  the  house.  2  Grey  253,  274. 

If  messengers  commit  an  error  in  delivering  the  mes- 
sage they  may  be  admitted  or  called  in  to  correct  their 
message.  4  Grey  41.  Accordingly,  March  13,  1800, 
the  senate  of  the  United  States  having  made  two  amend- 
ments to  a  bill  from  the  house  of  representatives,  their 
secretary,  by  mistake,  delivered  one  only ;  which  being 
inadmissible  by  itself,  that  house  disagreed,  and  notified 
the  senate  of  the  U.  S.  of  their  disagreement.  This  pro- 
duced a  discovery  of  the  mistake.  The  secretary  was 
sent  to  the  other  house  to  correct  his  mistake,  the  cor- 
rection was  received  and  the  two  amendments  acted  on 
de  novo. 


Message*.  171 

All  bills,  resolutions  and  other  messages  relative  to  any 
particular  matter  before  the  legislature,  transmitted  by 
either  house,  are  delivered  by  the  clerk  of  the  house 
sending  the  message  ;  the  clerk  of  one  house  delivers  the 
same  to  the  clerk  of  the  other,  informing  him  of  the  im- 
port of  the  same ;  and  the  first  convenient  opportunity, 
unless  it  be  very  important,  it  is  communicated  to  the 
speaker  and  by  him  announced  to  the  house. 

As  soon  as  the  messenger  who  has  brought  bills  from 
the  other  house,  has  retired,  the  speaker  holds  the  bill  in 
his  hand,  and  acquaints  the  house,  "  that  the  other  house 
have,  by  their  messenger,  sent  certain  bills,"  and  then 
reads  their  titles,  and  delivers  them  to  the  clerk  to  be 
safely  kept,  till  they  shall  be  called  for  to  be  read.  flak. 
178. 

In  the  assembly,  as  soon  as  a  bill  is  received  from  the 
senate,  the  speaker,  holding  the  same  in  his  hand,  ac- 
quaints the  house,  "  that  the  honourable  the  senate  have 
passed  the  bill  entitled  "  an  act,  fyc.  (title)  in  which  bill 
they  request  the  concurrence  of  this  house."  He  then 
delivers  them  to  the  clerk,  and  if  no  motion  or  objec- 
tion is  made  to  the  contrary,  the  bill  then  has  its  first 
reading  through,  and  its  "  second  reading  by  its  title." 

It  is  not  the  usage  for  one  house  to  inform  the  other 
by  what  numbers  the  bill  has  passed.  10  Grey  150.  Yet 
they  have  sometimes  recommended  a  bill,  as  of  great 
importance  to  the  consideration  of  the  house  to  which  it 
is  sent.  3  Hats.  25.  Nor  when  they  have  rejected  a  bill 
from  the  other  house,  do  they  give  notice  of  it ;  but  it 
passes  sub  silentio,  to  prevent  unbecoming  altercation. 
1  Blackst.  183. 

But  in  congress,  the  rejection  is  notified  by  message 
to  the  house  in  which  the  bill  originated. 

A  question  is  never  asked  by  the  one  house  of  the  other 
by  way  of  message,  but  only  at  a  conference ;  for  this  is 
an  interrogatory,  not  a  message.  3  Grey  151,  181. 

When  a  bill  is  sent  by  one  house  to  the  other,  and  is 
neglected,  they  may  send  a  message  to  remind  them  of  it. 
3  Hats.  25.  5  Grey  154.  But  if  it  be  mere  inattention, 
it  is  better  to  have  it  done  informally,  by  communications 
between  the  speakers,  or  members  of  the  two  houses. 

Where  the  subject  of  a  message  is  of  a  nature  that  it  can 


172  Assent. 

properly  be  communicated  to  both  houses  of  parliament, 
it  is  expected  that  this  communication  should  be  made  to 
both  on  the  same  day.  But  where  a  message  was  accom- 
panied with  an  original  declaration,  signed  by  the  party 
to  which  the  message  referred,  its  being  sent  to  one 
house  was  not  noticed  by  the  other,  because  the  declar- 
ation, being  original,  could  not  possibly  be  sent  to  both 
houses  at  the  same  time.  2  Hats.  260, 261, 262. 

The  king  having  sent  original  letters  to  the  commons, 
afterwards  desires  that  they  may  be  returned,  that  he 
may  communicate  them  to  the  lords.  1  Chandler,  303. 

Each  house  shall  transmit  to  the  other  all  papers  on 
which  any  bill  or  resolution  shall  be  founded. — Joint  R. 
ofS.  &  A.  1. 

When  a  bill  or  resolution  which  shall  have  passed  in 
one  house,  is  rejected  in  the  other,  notice  thereof  shall 
be  given  to  the  house  in  which  the  same  may  have  pass- 
ed.— Ib.  2. 

Messages  from  one  house  to  the  other,  shall  be  com- 
municated by  the  respective  clerks  of  each  house,  unless 
the  house  transmitting  the  message  shall  especially  di- 
rect otherwise. — Ib.  3. 


SECTION  LI. 

ASSENT. 

The  house  which  has  received  a  bill  and  passed  it, 
may  present  it  for  the  king's  assent,  and  ought  to  do  it, 
though  they  have  not  by  message  notified  to  the  other, 
their  passage  of  it.  Yet  the  notifying  by  message  is  a 
form  which  ought  to  be  observed  between  the  two  houses 
from  motives  of  respect,  and  good  understanding.  2 
Hats.  242.  Were  the  bill  to  be  withheld  from  being 
presented  to  the  king,  it  would  be  an  infringement  of  the 
rules  of  parliament.  Ib. 

When  a  bill  has  passed  both  houses  of  congress,  the 
house  last  acting  on  it,  notifies  its  passage  to  the  other, 
and  delivers  the  bill  to  the  joint  committee  of  enrollment, 
who  see  that  it  is  truly  enrolled  in  parchment.  When 
the  bill  is  enrolled,  it  is  not  to  be  written  in  paragraphs, 


Assent.  173 

but  solidly  and  all  of  a  piece,  that  the  blanks  between  the 
paragraphs  may  not  give  room  for  forgery.  9  Grey  143. 

When  a  bill  has  passed  both  houses  of  the  legislature, 
the  house  last  acting  on  it,  notifies  its  passage  to  the 
other,  and  delivers  the  bill  to  the  house  where  it  was  first 
brought  forward.  Then  the  house,  where  the  bill  was 
brought  in,  orders  the  clerk  to  deliver  the  same  to  his 
excellency  the  governor.  He  delivers  the  same  at  his 
council  chamber. 

If  he  thinks  it  not  improper  that  the  same  should  be- 
come a  law  of  this  state,  a  memorandum  of  that  import 
is  endorsed  upon  the  bill,  and  signed  by  the  governor  of 
the  state,  and  dated  the  day  of  the  approbation  thereof. 
The  bill  is  then  deposited  among  the  rolls  and  records  in 
the  office  of  the  secretary  of  state  ;  and  the  said  governor, 
by  the  secretary  of  state,  notifies  by  message,  the  house 
in  which  it  originated,  that  he  approves  the  same,  of 
which  that  house  informs  the  other  by  message.  If  he 
disapprove,  he  returns  it  with  objections  to  that  house  in 
which  it  originated ;  who  are  to  enter  the  objections  at 
large  on  their  journals,  and  to  proceed  to  reconsider  it, 
as  set  forth  in  the  following  section  of  the  constitution 
of  the  state  of  New- York  : 

Every  bill  which  shall  have  passed  the  senate  and  as- 
sembly, shall,  before  it  become  a  law,  be  presented  to  the 
governor.  If  he  approve,  he  shall  sign  it;  but  if  not,  he 
shall  return  it  with  his  objections  to  that  house  in  which 
it  shall  have  originated,  who  shall  enter  the  objections  at 
large  on  their  journal,  and  proceed  to  reconsider  it.  If, 
after  such  reconsideration,  two-thirds  of  the  members 
present  shall  agree  to  pass  the  bill,  it  shall  be  sent,  to- 
gether with  the  objections,  to  the  other  house,  by  which 
it  shall  likewise  be  reconsidered;  and  if  approved  by 
two-thirds  of  the  members  present,  it  shall  become  a  law. 
But  in  all  such  cases  the  votes  of  both  houses  shall  be 
determined  by  yeas  and  nays,  and  the  names  of  the  per- 
sons voting  for  and  against  the  bill,  shall  be  entered  on 
the  journal  of  each  house  respectively.  If  any  bill  shall 
not  be  returned  by  the  governor  within  ten  days  (Sundays 
excepted,)  after  it  shall  have  been  presented  to  him,  the 
same  shall  be  a  law,  in  like  manner  as  if  he  had  signed 
it,  unless  the  legislature  shall,  by  their  adjournment,  pro- 


174  Journals 

vent  its  return ;  in  which  case  it  shall  not  be  a  law.— 
Const.  Sec.  1.  Art.  12. 


SECTION  LII. 

JOURNALS. 

Each  house  shall  keep  a  journal  of  its  proceedings^ 
and  publish  the  same,  except  such  parts  as  may  require 
secrecy. — Const.  Sec.  4.  Art.  1. 

Upon  a  division,  either  in  the  house,  or  in  committee 
of  the  whole  house,  the  names  of  those  who  vote  for,  and 
those  who  vote  against  the  question,  shall  be  entered  up- 
on the  minutes,  if  any  ten  members  require  it. — R.  of 
^4.  29. 

Immediately  after  the  speaker  shall  have  taken  the 
chair,  the  minutes  of  the  preceding  day  shall  be  read  by 
the  clerk,  to  the  end,  that  any  mistakes  therein  may  be 
corrected  by  the  house. — R.  of  A.  2. 

That  in  all  cases  where  a  bill,  orders,  resolutions  or 
motion,  shall  be  entered  on  the  journals  of  this  house, 
the  name  of  the  member  moving  the  same,  shall  also  be 
entered  on  the  journals. — R.  of  A.  37. 

A  brief  statement  of  the  contents  of  each  petition,  me- 
morial or  paper  presented  to  the  house,  is  entered  on 
the  journals.  All  reports  of  committees,  state  officers 
and  messages,  and  communications  from  the  governor 
and  state  officers,  &c.  entered  at  length. 

The  proceedings  of  the  assembly,  when  not  acting  in  a 
committee  of  the  whole,  should  be  entered  on  the  journals 
concisely,  care  being  taken  to  detail  a  true  account  of 
the  proceedings. 

The  titles  of  bills,  and  such  parts  thereof  as  shall  bo 
affected  by  proposed  amendments,  should  be  inserted  on 
the  journals. 

So  much  of  every  clause,  section  or  bill,  &c.  as  a  di- 
vision of  the  house  is  taken  upon,  should  be  entered  on 
the  journals  at  length. 

If  a  question  is  interrupted  by  a  vote  to  adjourn,  or  to 
proceed  to  the  orders  of  the  day,  the  original  question  is 
never  printed  in  the  journal,  it  never  having  been  a  vote, 


Journals.  175 

lior  introductory  to  any  vote :  but  when  suppressed  by 
the  pitvious   question,  •. tit-sin i»  n.i;,-    be  Mated, 

in  order  to  introduce  ami  make  intelligible  the  second.—- 
2  Hats.  83. 

So  also  when  a  question    is  postponed,  adjourned,  or 

laid  011  the  table,  the  oriLiiiu]  quest.cn,  thcr..v,h  uot  yet  a 

must  be  expressed  in  the  journals  •  •  ^<*IJM  it  niul-.eB 

pa;  t  of  the  vote  of  postponement,  aujournaig  or  iuyajg 

it  on  the  table. 

Where  amendments  are  made  to  a  question,  these 
amendments  arc  not  printed  in  the  journals  separated 
from  the  question  ;  but  only  the  question  a-  finally  agreed 
to  by  the  house.  The  rule  of  entering  in  the  journals 
only  what  the  house  has  agreed  to,  is  founded  in  great 
prudence  and  good  sense  ;  as  there  may  be  many  ques- 
tions proposed  which  it  may  be  improper  to  publish  to 
the  world,  in  the  form  in  which  they  are  made.  2  Hats.  85. 

In  both  houses  of  congress  all  questions  whereon  t  he 
yeas  and  nays  are  desired  by  one  fifth  of  the  members 
present,  whether  decided  affirmatively  or  negatively, 
must  be  entered  in  the  journals.  Const.  I.  5. 

The  first  order  for  printing  the  votes  of  the  house  of 
commons,  was  October  30,  1685.  1  Chandler,  387. 

Some  judges  have  been  of  opinion,  that  the  journals  of 
the  house  of  commons  are  no  records,  but  only  remem- 
brances. But  this  is  not  law.  Hob.  110,  111.  Lex. 
Part.  114,  115.  Journ.  H.  C.  Mar.  17,  1592.  Hale  Parl. 
105.  For  the  lords  in  their  house  have  power  of  judica- 
ture, the  commons  in  their  house  have  power  of  judica- 
ture, and  both  houses  together  have  power  of  judicature  ; 
and  the  book  of  the  clerk  of  the  house  of  commons  is  a 
record,  as  is  affirmed  by  act  of  parliament ;  6  H.  8.  c.  16. 
4  Inst.  23,  24.  and  every  member  of  the  house  of  com- 
mons hath  a  judicial  place.  4  Inst.  15.  As  records,  they 
are  open  to  every  person,  and  a  printed  vote  of  either 
house  is  sufficient  ground  for  the  other  to  notice  it.  Either 
may  appoint  a  committee  to  inspect  the  journals  of  the 
other,  and  report  what  has  been  done  by  the  other  in  any 
particular  case.  2  Hats.  261.  3  Hats.  27,  30.  Every 
member  has  a  right  to  see  the  journals,  and  take  ;-nd 
publish  votes  from  them.  Being  a  record,  every  one  may 
see  and  publish  them.  6  Grey  118,  119. 


176  Adjournment. 

On  information  of  a  misentry  or  omission  of  an  entry 
in  the  journal,  a  committee  may  be  appointed  to  examine 
and  rectify  it,  and  report  it  to  the  house.  2  Hats.  194,  5. 

SECTION  LIII. 

ADJOURNMENT. 

Neither  house  shall,  without  the  consent  of  the  otjier, 
adjourn  for  more  than  two  days.  Const.  N.  Y.  Art.  I. 
Sec.  4. 

The  two  houses  of  parliament  have  the  sole,  separate, 
and  independent  power  of  adjourning  each  their  respec- 
tive houses.  The  king  has  no  authority  to  adjourn  them  ; 
he  can  only  signify  his  desire,  and  it  is  in  the  wisdom 
and  prudence  of  either  house  to  comply  with  his  requisi- 
tion, or  not  as  they  see  fitting.  %llats.  232.  1  Blackstone 
ISO.  5  Grey  122. 

By  the  constitution  of  the  United  States,  a  smaller 
number  than  a  majority  may  adjourn  from  day  to  day. 
I.  5.  But  "  neither  house,  during  the  session  of  congress, 
shall,  without  the  consent  of  the  other,  adjourn  for  more 
than  three  days,  nor  to  any  other  place  than  that  in  which 
the  two  houses  shall  be  sitting."  1.  5.  And  in  case  of  dis- 
agreement between  them  with  respect  to  the  time  of  ad- 
journment, the  president  may  adjourn  them  to  such  time 
as  he  shall  think  proper.  Constitution  II.  3. 

A  motion  to  adjourn  simply,  cannot  be  amended  as  by 
adding  "  to  a  particular  day."  But  must  be  simply  "'  that 
this  house  do  now  adjourn  ?"  and  if  carried  in  the  affirm- 
ative, it  is  adjourned  to  the  next  sitting  day,  unless,  it  has 
come  to  a  previous  resolution  "  that  at  its  rising  it  will 
adjourn  to  a  particular  day,"  and  then  the  house  is  ad- 
journed to  that  day.  2  Hats.  82. 

\Vhere  it  is  convenient  that  the  business  of  the  house 
be  suspended  for  a  short  time,  as  for  a  conference  pre- 
sently to  be  held,  &c.  it  adjourns  during  pleasure.  2 
Hats.  305.  Or  for  a  quarter  of  an  hour.  5  Grey  331. 

If  a  question  be  put  for  an  adjournment,  it  is  no  ad- 
journment till  the  speaker,  pronounces  it.  5  Grey  137. 
And  from  courtesy  and  respect,  no  member  leaves  his 
place  till  the  speaker  has  passed  on. 


A  Session.  H7 

A  motion  to  adjourn  shall  be  ahvays  in  order,  and  shall 
he  decided  without  debate.  R.  of  A.  12. 

When  the  house  first  meet,  before  they  adjourn,  two 
resolutions  are  necessary  ;  1st,  to  fix  a  time  for  the  meet- 
in*;;  «m  next  day.  2d  to  adjourn  accordingly. 

When  a  motion  to  adjourn  is  carried,  the  speaker  be- 
fore he  leaves  the  chair,  says,  "  this  house  is  adjourned 
until  o'clock  to-morrow  morning,"  or  "until 

o'clock  on  morning  next,"  as  the  case  may  be. 

SECTION  LIV. 

A    SESSION. 

Parliament  have  three  modes  of  separation,  to  wit,  by 
adjournment,  by  prorogation,  or  dissolution  by  the  king, 
or  by  the  efflux  of  the  term  for  which  they  were  elected. 
Prorogation  or  dissolution  constitutes  there  what  is  cal- 
led a  session,  provided  some  act  has  passed.  In  this  case, 
all  matters  depending  before  them  are  discontinued,  and 
at  their  next  meeting  are  to  be  taken  up  de  novo,  if  taken 
up  at  all.  1  Blackst.  186.  Adjournment,  which  is  by 
themselves,  is  no  more  than  a  continuance  of  the  session 
from  one  day  to  another,  or  for  a  fortnight,  a  month,  &c. 
ad  libitum.  All  matters  depending  remain  in  statu  quo, 
and  when  they  meet  again,  be  the  term  ever  so  distant, 
are  resumed  without  any  fresh  commencement,  at  the 
point  at  which  they  were  left.  1  Lev.  J65.  Lex.  Parl. 
<:  2.  1  Ro.  Rep.  29.  4  lust.  7,  27,  28.  Hutt.  61.1  Mod. 
•2.y2.  Ruffh.  Jac.  L.  Diet.  Parliament.  1  Blackst.  186. 
Their  whole  session  is  considered  in  law  but  as  one  day, 
and  has  relation  to  the  first  day  thereof.  Bro.  Abr.  Par- 
liament  86. 

Committees  may  be  appointed  to  sit  during  a  recess  by 
adjournment,  but  not  by  prorogation.  5  (rrey  374.  9 
Grey  350.  1  Chandler  50.  Neither  house  can  continue 
any  portion  of  itself  in  any  parliamentary  function  be- 
yond the  end  of  the  session,  without  the  consent  of  the 
other  two  branches.  When  dene,  it  is  by  a  bill  consti- 
tuting them  commissioners  for  the  particular  purpose. 

Congress  separate  m  two  ways  only,  to  wit,  by  ad- 
Q 


178  A  Session. 

joumment,  or  dissolution  by  the  efflux  of  their  time> 
What  then  constitutes  a  session  with  them  1  A  dissolu- 
tion certainly  closes  one  session,  and  the  meeting  oi'  the 
new  congress  begins  another.  The  constitution  author- 
ises the  president  "  on  extraordinary  occasions,  to  con- 
vene  both  houses  or  either  of  them."  I.  3.  ll  convened 
by  the  president's  proclamation,  this  must  begin  a  new 
session,  and  of  course  determine  the  preceding  one  to 
have  been  a  session.  So  if  it  meets  under  the  clause  of 
the  constitution  which  says,  "  the  congress  shall  assem- 
ble at  least  once  in  every  year,  and  such  meeting  shall 
be  on  the  first  Monday  in  December,  unless  they  shall 
by  law  appoint  a  different  day,"  I.  4.  this  must  begin  a 
new  session.  For  even  if  the  last  adjournment  was  to 
this  day,  the  act  of  adjournment  is  merged  in  the  higher 
authority  of  the  constitution,  and  the  meeting  will  be 
under  that,  and  not  under  their  adjournment.  So  far  we 
have  fixed  landmarks  for  determining  sessions.  In  oth- 
er cases,  it  is  declared  by  the  joint  vote  authorising  the 
president  of  the  senate  and  the  speaker  to  close  the  ses- 
sion on  a  fixed  day,  which  is  usually  in  the  following 
form  :  "  Resolved,  by  the  senate  and  house  of  represent- 
atives, that  the  president  of  the  senate  and  the  speaker 
of  the  house  of  representatives  be  authorised  to  close  the 
present  session  by  adjourning  their  respective  houses  on 
the  day  of  ." 

In  the  state  of  New-York,  the  senators  are  elected  for 
four  years ;  the  members  of  assembly  for  one  only.  A 
session  is  one  year,  and  commences  the  first  day  of  Jan- 
uary. 

The  legislature  separate  in  three  ways.  1.  By  ad- 
journment. 2.  By  dissolution  by  the  efflux  of  the  term 
of  the  members  of  the  assembly,  viz:  on  the  last  day  of 
December.  3.  By  prorogation. 

The  senate  shall  consist  of  thirty-two  members.  The 
senators  shall  be  chosen  for  four  years,  and  shall  be  free- 
holders. The  asssmbly  shall  consist  of  one  hundred  and 
twenty-eight  members,  who  shall  be  annually  elected. 
Const.  Art.  I.  Sc.c.  2. 

The  political  year  shall  begin  on  the  first  day  of  Jan- 
uary ;  and  the  legislature  shall  every  year  assemble  o» 


Impeachment.  17U 

the  first  Tuesday  of  January,  unless  a  different  day  shall 
be  appointed  by  law.     Ib.  Art.  I.  Sec.  14. 

The  governor  shall  be  general  and  commander  in  chief 
of  all  the  militia,  and  admiral  of  the  navy  of  the  state. 
He  shall  have  power  to  convene  the  legislature  (or  the 
senate  only)  on  extraordinary  occasions.  He  shall  com- 
municate by  message  to  the  legislature  at  every  session, 
the  condition  of  the  state  ;  and  recommend  such  matters 
to  them  as  he  shall  judge  expedient.  He  shall  transact 
all  necessary  business  with  the  officers  of  government, 
civil  and  military.  He  shall  expedite  all  such  measures 
as  may  be  resolved  upon  by  the  legislature,  and  shall 
take  care  that  the  laws  are  faithfully  executed.  He  shall, 
at  stated  times,  receive  for  his  services  a  compensation 
which  shall  neither  be  increased  nor  diminished  during 
the  term  for  which  he  shall  have  been  elected.  Ib.  Art. 
III.  Sec.  4. 

The  mode  in  which  the  legislature  adjourn,  is,  by 
adopting  a  resolution  of  the  following  form:  viz: 

Resolved,  (if  the  honorable  the  senate  concur  herein) 
that  this  legislature  will  adjourn  on  the  day  of 

When  it  was  said  above,  that  all  matters  depending 
before  parliament,  were  discontinued  by  the  determina- 
tion of  the  session,  it  was  not  meant  for  judiciary  cases, 
depending  before  the  house  of  lords,  such  as  impeach- 
ments, appeals  and  writs  of  error.  These  stand  contin- 
ued of  course  to  the  next  session.  JRayn.  120,  381.  Rujfh. 
Jac.  L.  D.  Parliament. 

Impeachments  stand  in  like  manner  continued  before 
the  senate  of  the  United  States.  In  like  manner  the 
business  of  the  court  of  errors  of  this  state  is  continued 
before  the  said  court.  But  any  legislative  business  un- 
finished at  the  time  of  the  close  of  the  session,  goes  for 
none  ;  and  if  any  of  it  is  to  be  again  acted  upon,  it  musl 
be  taken  up  de  novo. 

SECTION  LV. 

IMPEACHMENT. 

The  house  of  representatives  shall  have  the  sole  pow- 
er of  impeachment.  Cvnst.  of  the  United  States,  I.  3. 


180  Impeachment, 

The  U.  S.  senate  shall  have  the  sole  power  to  try  all 
impeachments.  When  sitting  for  that  purpose,  they 
shall  be  on  oath  or  affirmation.  When  the  president  of 
the  United  States  is  tried,  the  chief  justice  shall  preside  : 
and  no  person  sha^l  be  convicted  without  the  concur- 
rence of  two-thirds  of  the  members  present.  Judgment 
in  cases  of  impeachment  shall  not  extend  further  than 
to  removal  from  office,  and  disqualification  to  hold  and 
enjoy  any  office  of  honor,  trust,  or  profit  under  the  Unit- 
ed States.  But  the  party  convicted  shall  nevertheless  be 
liable  and  subject  to  indictment,  trial,  judgment  and 
punishment,  according  to  law.  Const.  U.  S.  I,  3. 

The  president,  vice-president,  and  all  civil  officers  of 
the  United  States,  shall  be  removed  from  office  on  im- 
peachment for,  and  conviction  of,  treason,  bribery,  or 
other  high  crimes  and  misdemeanors.  Ib.  II,  4. 

The  trial  of  crimes,  except  in  cases  of  impeachment, 
shall  be  by  jury.  Ib.  Ill,  2. 

The  court  for  the  trial  of  impeachments,  and  the  cor- 
rection of  errors,  shall  consist  of  the  president  of  the 
senate,  the  senators,  the  chancellor,  and  the  justices  of 
the  supreme  court,  or  the  major  part  of  them ;  but  when 
an  impeachment  shall  be  prosecuted  against  the  chancel- 
lor, or  any  justice  of  the  supreme  court,  the  person  so 
impeached,  shall  be  suspended  from  exercising  his  office, 
until  his  acquittal ;  and  when  an  appeal  from  a  decree  in 
chancery  shall  be  heard,  the  chancellor  shall  inform  the 
court  of  the  reasons  for  his  decree,  but  shall  have  no  voice 
in  the  final  sentence ;  and  when  a  writ  of  error  shall  be 
brought  on  a  judgment  of  the  supreme  court,  the  justices 
of  that  court  shall  assign  the  reasons  for  their  judgment, 
but  shall  not  have  a  veice  for  its  affirmance  or  reversal. 
Const.  N.  Y.  Art.  V.  Sec.  I. 

The  assembly  shall  have  the  power  of  impeaching  all 
civil  officers  of  this  state  for  mal  and  corrupt  conduct  in 
office,  and  for  high  crimes  and  misdemeanors  ;  but  a  ma- 
jority of  all  the  members  elected  shall  concur  in  an  im- 
peachment. Before  the  trial  of  an  impeachment,  the 
members  of  the  court  shall  take  an  oath  or  affirmation, 
truly  and  impartially  to  try  and  determine  the  charge  in 
question,  according  to  evidence ;  and  no  person  shall  be 
convicted  without  the  concurrence  of  two-thirds  of  tliQ 


ftopeachntent.  1£1 

members  present.  Judgment,  in  cases  of  impeachment, 
shall  not  extend  farther  than  the  removal  from  office,  and 
disqualification  to  hold,  and  enjoy,  any  office  of  honor, 
trust,  or  profit,  under  this  state ;  but  the  party  convicted 
shall  be  liable  to  indictment,  and  punishment,  according 
to  law.  Ib.  Sec.  2. 

No  person  shall  be  held  to  answer  for  a  capital,  or 
otherwise  infamous  crime,  (except  in  cases  of  impeach- 
ment, and  in  cases  of  the  militia,  when  in  actual  ser\  ice, 
and  the  land  and  naval  forces  in  time  of  war,  or  which 
this  state  may  keep,  with  the  consent  of  congress,  in 
time  of  peace,  and  in  cases  of  petit  larceny,  under  the 
regulation  of  the  legislature,)  unless  on  presentment  or 
indictment  of  a  grand  jury  ;  and  in  every  trial  on  impeach- 
ment or  indictment,  the  party  accused  shall  be  allowed 
counsel  as  in  civil  actions.  No  person  shall  be  subject, 
for  the  same  offence,  to  be  twice  put  in  jeopardy  of  life 
or  limb  ;  nor  shall  he  be  compelled  in  any  criminal  case, 
to  be  a  witness  against  himself;  nor  be  deprived  of  liie, 
liberty,  or  property,  without  due  process  of  law :  Nor 
shall  private  property  be  taken  for  public  use,  without 
just  compensation.  Ib*  Art.  VII.  Sec.  7. 

Jurisdiction.  The  lords  cannot  impeach  any  to  them- 
selves, nor  join  in  the  accusation,  because  they  are  the 
judges.  Seld.  Judic.  in  Parl.  12,  63.  (A.  work  of  doubt- 
ful authority.)  4  Hats.  153,  186.  Nor  can  they  pro- 
ceed against  a  commoner  but  on  complaint  of  the  com- 
mons. 76.  84.  The  lords  may  not,  by  the  law,  try  a 
commoner  for  a  capital  offence,  on  the  information  of 
the  king,  or  a  private  person;  because  the  accused  is 
entitled  to  a  trial  by  his  peers  generally ;  but  on  accusa- 
tion by  the  house  of  commons,  they  may  proceed  against 
the  delinquent  of  whatsoever  degree,  and  whatsoever  be 
the  nature  of  the  offence ;  for  there  they  do  not  assume 
to  themselves  trial  at  common  law.  The  commons  are 
then  instead  of  a  jury,  and  the  judgment  is  given  on  their 
demand,  which  is  instead  of  a  verdict.  So  the  lords  do 
only  judge,  but  not  try  the  delinquent.  Ib.  6,  7.  But 
Wooddeson  denies  that  a  commoner  can  nowr  be  charged 
capitally  before  the  lords,  even  by  the  commons  ;  and 
cites  Pitzharris's  case,  1681,  impeached  of  high  treason, 
where  the  lords  remitted  the  prosecution  to  the  inferior 


1 S2  Impeachment. 

court.  8  Grey's  Deb.  325—7.  2  Wooddeson  601.  570. 
3  ScM.  1610,  1619,  1641.  4  Blackst.  257.  3  Se/d.  1604, 
1618,  9, 165G.  4  /ftzfe.200  et  passim  contra. 

Accusation.  The  commons,  as  the  grand  inquest  of 
the  nation,  become  suitors  for  penal  justice.  2  Wood. 
597.  6  Grey  356.  The  general  course  is,  to  pass  a  reso- 
lution containing  a  criminal  charge  against  the  supposed 
delinquent,  and  then  to  direct  some  member  to  impeach 
him  by  oral  accusation  at  the  bar  of  the  house  of  lords, 
in  the  name  of  the  commons.  The  person  signifies  that 
the  articles  will  be  exhibited,  and  desires  that  the  delin- 
quent may  be  sequestered  from  his  seat,  or  be  commit- 
ted, or  that  the  peers  will  take  order  for  his  appearance, 
Sachcv.  Trial  325.  2  Wood.  602,  605.  Lords1  Journ.  3 
June,  1701.  1  Wms.GlQ.  6  Grey  324. 

Process.  If  the  party  do  not  appear,  proclamations 
are  to  be  issued,  giving  him  a  day  to  appear.  On  their 
return  they  are  strictly  examined.  If  any  error  be  found 
in  them,  a  new  proclamation  issues,  giving  a  short  day. 
If  he  appear  not,  his  goods  may  be  arrested,  and  they 
may  proceed.  Scld.  Jud.  98,  99. 

Articles.  The  accusation  (articles)  of  the  commons  is 
substituted  in  place  of  an  indictment.  Thus,  by  the  usage 
of  parliament,  in  impeachment  for  writing  or  speaking, 
the  particular  words  need  not  be  specified.  Sach.  Tr. 
325.  2  Wood.  602,  605.  Lords'  Journ.  3  June,  1701.  1 
Wms.  616. 

Appearance.  If  he  appears,  and  the  case  be  capital, 
he  answers  in  custody  ;  though  not  if  the  accusation  be 
general.  He  is  not  to  be  committed  but  on  special  accu- 
sations. If  it  be  for  a  misdemeanor  only,  he  answers  a 
lord  in  his  place,  a  commoner  at  the  bar,  and  not  in  cus- 
tody, unless,  on  the  answer,  the  lords  find  cause  to  com- 
mit him,  till  he  finds  sureties  to  attend,  and  lest  he  should 
fly.  Seld.Jud.  98,  99.  4  Hats.  176,  185.  A  copy  of  the 
articles  is  given  him,  and  a  day  fixed  for  his  answer.  T. 
Ray.  I  Rushw.  268.  Post.  232*.  1  Clar.  Hist,  of  the  Reb. 
379.  On  a  misdemeanor,  his  appearance  may  be  in  per- 
son, or  he  may  answer  in  writing,  or  by  attorney.  Scld. 
Jud.  100.  The  general  rule  on  accusation  for  a  misde- 
meanor is,  that  in  such  a  state  of  liberty  or  restraint  as 
the  party  is  when  the  commons  complain  of  him,  in  such 


Impeachment.  183 

he  is  to  answer.  Ib.  101.  If  previously  committed  by  the 
commons,  he  answers  as  a  prisoner.  But  this  may  be 
called  in  some  sort  judiciimi  parium  suorum.  Ib.  In 
misdemeanors,  the  party  has  a  right  to  counsel  by  the 
common  law  ;  but  not  in  capital  cases.  Seld.  Jud.  102...5. 

Answer.  The  answer  need  not  observe  great  strictness 
of  form.  He  may  plead  guilty  as  to  part,  and  defend  as 
to  the  residue  ;  or,  saving  all  exceptions,  deny  the  whole, 
or  give  a  particular  answer  to  each  article  separately. 
1  Rush.  274.2  Rush.  1374.  12  Parl.  Hist.Mb.  3  Lords' 
Journ.  13  Nov.  1643.  2  Wood.  607.  But  he  cannot  plead 
a  pardon  in  bar  to  the  impeachment.  2  ^Vood.  615.  2 
JSt.  Tr.  735. 

Replication,  Rejoinder,  &c.  There  may  be  a  repli- 
cation, rejoinder,  &c.  Seld,  Jud.  114.  8  Grey's  Deb.  233. 
Sachev.  Tr.  15.  Journ.  H.  of  Com.  6  March,  1640....  1. 

Witnesses.  The  practice  is  to  swear  the  witnesses  in 
open  house,  and  then  examine  them  there  :  or  a  commit- 
tee may  be  named,  who  shall  examine  them  in  committee, 
either  on  interrogatories  agreed  on  in  the  house,  or  such 
as  the  committee  in  their  discretion  shall  demand.  Seld 
Jud.  120,  123. 

Jury.  In  the  case  of  Alice  Pierce,  1  R.  2.  a  jury  was 
impanneled  for  her  trial  before  a  committee.  Seld.  Jud. 
123.  But  this  was  on  a  complaint,  not  on  impeachment 
by  the  commons.  Seld.  Jud.  163.  It  must  also  have 
been  for  a  misdemeanor  only,  as  the  lords  spiritual  sat  in 
the  case,  which  they  do  on  misdemeanors,  but  not  in 
capital  cases.  Ib.  148.  The  judgment  was  a  forfeiture 
of  all  her  lands  and  goods.  Ib.  188.  This,  Selden  says, 
is  the  only  jury  he  finds  recorded  in  parliament  for  mis- 
demeanors:  but  he  makes  no  doubt,  if  the  delinquent 
doth  put  himself  on  the  trial  of  his  country,  a  jury  ought 
to  be  impanneled,  and  he  adds,  that  it  is  not  so  on  im- 
peachment by  the  commons ;  for  they  are  in  loco  pro- 
prio,  and  there  no  jury  ought  to  be  impanneled.  Ib.  124. 
The  Ld.  Berkely,  6  E.  3.  was  arraigned  for  the  murder 
of,  L.  2.  on  an  information  on  the  part  of  the  king,  and 
not  on  impeachment  of  the  commons;  for  then  they  had 
been  patria  sua.  He  waved  his  peerage,  and  was  tried 
by  a  jury  of  Gloucestershire  and  Warwickshire.  Ib.  125. 
But  4.  Hats.  73,  says  he  was  a  commoner,  and  that  there 


184  Impeachment. 

was  no  waiver  of  privilege.  In  1  H.  7.  the  commoners 
protest  that  they  are  not  to  be  considered  as  parties  to 
any  judgment  given,  or  hereafter  to  be  given  in  parlia- 
ment. Ib.  133.  They  have  been  generally,  and  more 
justly,  considered,  as  is  before  stated,  as  the  grand  jury. 
For  the  conceit  of  Selden  is  certainly  not  accurate,  that 
they  are  the  patria  sua  of  the  accused,  and  that  the  lords 
do  only  judge,  but  not  try.  It  is  undeniable  that  they 
do  try.  For  they  examine  witnesses  as  to  the  facts,  and 
acquit  or  condemn,  according  to  their  own  belief  of  them. 
And  lord  Hale  says  "  the  peers  are  judges  of  law  as  well 
as  of  fact."  2  Hale.  P.  C.  275.  Consequently  of  fact  as 
well  as  of  law. 

Presence  of  commons.  The  commons  are  to  be  pre- 
sent at  the  examination  of  witnesses.  Seld.  Jud.  124. 
Indeed  they  are  to  attend  throughout,  either  as  a  com- 
mittee of  the  whole  house,  or  otherwise,  at  discretion, 
appoint  managers  to  conduct  the  proofs.  Rush.  Tr.  of 
Straff.  37.  Com.  Journ.  4  Feb.  1709....10.  2  Wood.  614. 
And  judgment  is  not  to  be  given  till  they  demand  it.  Scld. 
Jud.  124.  But  they  are  not  to  be  present  on  impeach- 
ment when  the  lords  consider  of  the  answer  or  proofs,  and 
determine  of  their  judgment.  Their  presence  however 
is  necessary  at  the  answer  and  judgment  in  cases  capital, 
ib.  158,  159,  as  well  as  not  capital.  162.  The  lords  de- 
bate the  judgment  among  themselves.  Then  the  vote  is 
first  taken  on  the  question  of  guilty  or  not  guilty  :  and  if 
they  convict,  the  question,  or  particular  sentence,  is  out 
of  that  which  seemeth  to  be  most  generally  agreed  on. 
Seld.  Jud.  167.  2  Wood  612. 

Judgment.  Judgments  in  parliament  for  death  have 
been  strictly  guided  per  legem  terras,  which  they  cannot 
alter ;  and  not  at  all  according  to  their  discretion.  They 
can  neither  omit  any  part  of  the  legal  judgment,  nor  add 
to  it.  Their  sentence  must  be  secundum,  non  ultra  le- 
gem.  Seld.  Jud.  168,  171.  This  trial,  though  it  varies 
in  external  ceremony,  yet  differs  not  in  essentials  from 
criminal  prosecutions  before  inferior  courts.  The  same 
rules  of  evidence,  the  same  legal  notions  of  crimes  and 
punishments  prevail.  For  impeachments  are  not  framed 
to  alter  the  law,  but  to  carry  it  into  more  effectual  exe- 
cution against  too  powerful  delinquents.  The  judg- 


Impeachment.  185 

incut  therefore  is  to  be  such  as  is  warranted  by  legal 
principles  or  precedents.  6  Sta.  Tr.  14.  2  Wood.  611. 
The  chancellor  gives  judgments  in  misdemeanors ;  the 
lord  high  steward  formerly  in  cases  of  life  and  death. 
Sdd.  Jud.  180.  But  now  the  steward  is  deemed  not  ne- 
cessary. Post.  144.  2  Wood.  613.  In  misdemeanors, 
the  greatest  corporal  punishment  hath  been  imprison- 
ment. Scld.  Jud.  184.  The  king's  assent  is  necessary 
in  capital  judgments,  (but  2  Wood.  614,  contra)  but  not 
in  misdemeanors.  Sdd.  Jud.  136. 

Continuance.  An  impeachment  is  not  discontinued  by 
the  dissolution  of  parliament ;  but  may  be  resumed  by 
the  new  parliament.  T.  Ray.  383.  4  Com.  Journ.  23 
Dec.  1790.  Lords1  Journ.  May  16.  1791.  2  Wood.  618. 


FOR  CONDUCTING  BUSINESS 

IN   THE 

SENATE 

OP    THE 

UNITED  STATES. 


1.  The  President  having  taken  the  chair,  and  a  quo- 
tum being  present,  the  journal  of  the  preceding  day  shall 
be  read,  to  the  end  that  any  mistake  may  be  corrected 
that  shall  be  made  in  the  entries. 

2.  No  member  shall  speak  to  another,  or  otherwise 
interrupt  the  business  of  the  senate,  or  read  any  news- 
paper, while  the  journals  or  public  papers  are  reading, 
or  when  any  member  is  speaking  in  any  debate. 

3.  Every  member  when  he  speaks  shall  address  the 
chair,  standing  in  his  place,  and  when  he  has  finished 
shall  sit  down. 

4.  No  member  shall  speak  more  than  twice,  in  any 
one  debate,  on  the  same  day,  without  leave  of  the  senate. 

5.  When  two  mejnbers  rise  at  the  same  time,  the  pre- 
sident shall  name  the  person  to  speak ;  but  in  all  cases 
the  member  first  rising  shall  speak  first. 

6.  When  a  member  shall  be  called  to  order,  he  shall 
sit  down  until  the  president  shall  have  determined  whe- 
ther he  is  in  order  or  not ;  and  every  question  of  order 
shall  be  decided  by  the  president  without  debate  ;  but  if 
there  be  a  doubt  in  his  mind,  he  may  call  for  the  sense  of 
the  senate. 

7.  If  the  member  be  called  to  order  for  words  spoken, 
the  exceptionable  words  shall  immediately  be  taken  down 
in  writing,  that  the  president  may  be  better  enabled  to 
judge  of  the  matter. 

8.  No  member  shall  absent  himself  from  the  service 
of  the  senate,  without  leave  of  the  senate  first  obtained. 


Rules  of  the  Senate  of  the  United  States.  187 

And  in  case  a  less  number  than  a  quorum  of  the  sen- 
ate shall  convene,  they  are  hereby  authorised  to  send 
the  sergeant-at-arms,  or  any  other  person  or  persons  by 
them  authorised,  for  any  or  all  absent  members,  as  the 
majority  of  such  members  present  shall  agree,  at  the 
expense  of  such  absent  members  respectively,  unless 
such  excuse  for  non-attendance  shall  be  made,  as  the 
senate,  when  a  quorum  is  convened,  shall  judge  sufficient ; 
and  in  that  case,  the  expense  shall  be  paid  out  of  the  con- 
tingent fund.  And  this  rule  shall  apply  as  well  to  the 
first  convention  of  the  senate  at  the  legal  time  of  meet- 
ing, as  to  each  day  of  the  session,  alter  the  hour  has  ar- 
rived to  which  the  senate  stood  adjourned. 

9.  No  motion  shall  be  debated  until  the  same  shall  be 
seconded. 

10.  When  a  motion  shall  be  made  and  seconded,  it 
shall  be  reduced  to  writing,  if  desired  by  the  president, 
or  any  member,  delivered  in  at  the  table,  and  read,  be- 
fore the  same  shall  be  debated. 

11.  When  a  question  is  under  debate,  no  motion  shall  be 
received  but  to  adjourn,  to  lie  on  the  table,  to  postpone  in- 
definitely, to  postpone  to  a  day  certain,  to  commit,  or  to 
amend;  which  several  motions  shall  have  precedence  in  the 
order  they  stand  arranged ;  and  the  motion  for  adjournment 
shall  always  be  in  order,  and  be  decided  without  debate. 

12.  If  the  question  in  debate  contains  several  points, 
any  member  may  have  the  same  divided. 

13.  In  jitting  up  blanks,  the  largest  sum  and  longest 
time  shall  be  Jirst  put. 

14.  When  the  reading  of  a  paper  is  calkd  for,  and  the 
same  is  objected  to  by  any  member,  it  shall  be  determined  by 
a  vote  of  the  senate,  and  without  debate. 

15.  The  unfinished  business  in  which  the  senate  was  en- 
gaged at  the  last  preceding  adjournment,  shall  have  the 
preference  in  the  orders  of  the  day,  and  no  motion  on  any 

other:  business  shall  be  received  without  special  leave  of  the 

senate,  until  the  former  is  disposed  of. 

16.  When  the  yeas  and  nays  shall  be  called  for  by  one- 
fifth  of  the  members  present,  each  member  called  upon 
shall,  unless  for  special  reason  he  be  excused  by  the  se- 
nate, declare  openly,  and  without  debate,  his  assent  or 
dissent  to  the  question.     In  taking  the  yeas  and  nays. 


188  Rules  of  the  Senate  of  the  United  States. 

and  upon  the  call  of  the  house,  the  names  of  the  mem- 
bers shall  be  taken  alphabetically. 

17.  On  a  motion  made  and  seconded  to  shut  the  doors 
of  the  senate,  on  the  discussion  of  any  business  which 
may,  in  the  opinion  of  a  member,  require  secrecy,  the 
president  shall  direct  the  gallery  to  be  cleared  ;  and,  dur- 
ing the  discussion  of  such  motion,  the  doors  shall  remain 
shut. 

18.  No  motion  shall  be  deemed  in  order  to  admit  any 
person  or  persons,  whatsoever,  within  the  doors  of  the 
senate  chamber,  to  present  any  petition,  memorial,  or 
address,  or  to  hear  any  such  read. 

19.  When  a  question  has  been  once  made  and  carried 
in  the  affirmative  or  negative,  it  shall  be  in  order  for  any 
member  of  the  majority  to  move  for  the  reconsideration 
thereof;  but  no  motion  for  the  reconsideration  of  any 
vote   shall  be  in  order  after  a  bill,  resolution,  message, 
report,  amendment,  or  motion  upon  which  the  vote  was 
taken,  shall  have  gone  out  of  the  possession  of  the  sen- 
ate, announcing  their   decision ;  nor  shall   any  motion 
for  reconsideration  be  in  order,  unless  made  on  the  same 
day  on  which  the  vote  was  taken,  or  within  the  two  next 
days  of  actual  session  of  the  senate  thereafter. 

20.  When  the  senate  are  equally  divided,  the  secreta- 
rv  shall  take  the  decision  of  the  president. 

21.  All  questions  shall  be  put  by  the  president  of  the 
senate,  either  in  the  presence  or   absence  of  the    presi- 
dent of  the  United  States,  and  the  senators  shall  signify 
their  assent  or  dissent,  by  answering  viva  vocc,  aye  or  no. 

22.  The  vice-president,  or  president  of  the  senate  pro 
tempore,  shall  have  the  right  to  name  a  member  to  per- 
form the  duties  of  the  chair;  but  such  substitution  shall 
not  extend  beyond  an  adjournment. 

23.  Before  any    petition   or  memorial,  addressed  to 
the  senate,  shall  be  received  and  read  at  the  table,  wheth- 
er the  same  shall  be    introduced  by  the  president  or  a 
member,  a  brief  statement  of  the  contents  of  the  petition 
or  memorial  shall  verbally  be  made  by  the  introducer. 

24.  One  day's  notice,  at  least,  shall   be  given   of  an 
intended  motion  for  leave  to  bring  in  a  bill ;  and  all  bills, 
after  the  first  reading  shall  be  printed  lor  the  use  of  the 
senate. 


of  the  Senate  of  the  United  Slate*  1  ^ 

25.  Every  bill  shall  receive  three  readings  previous  to 
its  being  passed ;  and  the  president  shall  give  notice  at 
each,  whether  it  be   the  first,   second,   or  third  ;  which 
readings  shall  be  on  three  different  days,  unless  the  se- 
nate unanimously  direct  otherwise.     And  all  resolutions 
proposing  amendments  to  the  constitution,  or  to  which  the 
approbation  and  signature   of  the  president  may  be  requi- 
site,  or  which  may  grant  money  out  of  the  contingent,   or 
any  other  fund,  shall  be  treated,  in  all  respects,  in  the  in- 
troduction, and  form  of  proceedings  on  them,  in  the  senate, 
in  a  similar  manner  with  bills. 

26.  No  bill  shall  be  committed  or  amended  until  it  shall 
have  been  twice  read ;  after  which  it  may  be  referred  to 
a  committee. 

27.  All  bills  on  a  second  reading  shall  first  be  consid- 
ered by  the  senate  in  the  same  manner  as  if  the  senate 
were  in  committee  of  the  whole,  before  they  shall  be  tak- 
en up  and  proceeded  on  by  the  senate  agreeably  to   the 
standing  rules,  unless  otherwise  ordered.    And  when  the 
senate  shall  consider  a  treaty,  bill,   or  resolution,  as  in 
committee  of  the  whole,  the  vice-president,  or  president 
pro  tempore,  may  call  a  member  to  fill  the  chair,  during 
the  time  the  senate    shall  remain    in  committee  of  the 
whole  ;  and  the   chairman  so  called  shall,  during    such 
time,  have  the  powers  of  a  president  pro  tempore. 

28.  The  final  question  upon  the  second  reading  of  every 
bill,  resolution,  constitutional  amendment,  or  motion,  ori- 
ginating in  the  senate,  and  requiring  three  readings  previ- 
ous to  being  passed,  shall  be  "  Whether  it  shall  be  engross- 
ed and  read  a  third  time  ?"  And  no  amendment  shall  be  re- 
ceived for  discussion  at  the  third  reading  of  any  bill,  reso- 
lution, amendment,  or  motion,  unless  by  unanimous  con- 
sent of  the  members  present :  but  it  shall  at  all  times  be  in 
order  before  the  final  passage  of  any  such  bill,  resolution, 
constitutional  amendment,  or  motion,  to  move  its  commit- 
ment, and  should  such  commitment  take  place,  and  any 
amendment  be  reported  by  the  committee,  the  said  bill, 
resolution,  constitutional   amendment,  or  motion,  shail 
be  again  read  a  secdnd  time,  and  considered  as  in  com- 
mittee of  the  whole,   and  then  the    aforesaid  question 
shall  be  again  put. 

29.  The  titles  of  bills,  and  such  parts  thereof  only  as 

R 


190  Rules  of  the  Senate  of  the  United  States. 

shall  be  affected  by  proposed  amendments,  shall  be  in- 
serted on  the  journals. 

30.  The  following  standing  committees,  to  consist  of  five 
members  each,  shall  be  appointed  at  the  commencement 
of  each  session,  with  leave  to  report  by  bill  or  otherwise : 

A  committee  on  foreign  relations. 

A  committee  on  finance. 

A  committee  on  commerce. 

A  committee  on  manufactures. 

A  committee  on  agriculture. 

A  committee  on  military  affairs. 

A  committee  on  the  militia. 

A  committee  on  naval  affairs. 

A  committee  on  public  lands. 

A  committee  on  Indian  affairs. 

A  committee  of  claims. 

A  committee  on  the  judiciary. 

A  committee  on  the  post  office  and  post  roads. 

A  committee  on  pensions. 

A  committee  on  the  District  of  Columbia. 

A  committee  of  three  members,  whose  duty  it  shall  be  to 
audit  &  control  the  contingent  expenses  of  the  senate. 

And  a  committee,  consisting  of  three  members,  whose 
duty  it  shall  be  to  examine  all  bills,  amendments, 
resolutions,  or  motions,  before  they  go  out  of  posses- 
sion of  the  senate,  and  to  make  report  that  they  are 
correctly  engrossed ;  which  report  shall  be  entered 
on  the  journal. 

31.  All  committees  shall  be  appointed  by  the  presid- 
ing officer  of  the  senate. 

32.  When  nominations  shall  be  made  in  writing  by  the 
president  of  the  United  States  to  the  senate,  a  future  day 
shall  be  assigned  unless  the  senate  unanimously   direct 
otherwise,  for   taking  them   into  consideration.     When 
the  president  of  the  United  States  shall  meet  the  senate 
in  the  senate  chamber,  the  president  of  the  senate  shall 
have  a  chair  on  the  floor,  be  considered  as  the  head  of  the 
senate,  and  his  chair  shall  be  assigned  to  the  president  of 
the  United  States.     When  the  senate  shall  be  convened 
by  the  president  of  the  United  States  to  any  other  place, 
(the  president  of  the  senate  and  senators  shall  attend  at 
the  place  appointed.     The  secretary  of  the  senate  shall 
also  attend  to  take  the  minutes  of  the  senate. 


Rules  of  the  Senate  of  the  United  States.          191 

33.  Whenever  a  treaty  shall  be  laid  before  the  senate 
for  ratification,  it  shall  be  read  a  first  time  for  informa- 
tion only ;  when  no  motion  to  reject,  ratify,  or  modify, 
the  whole,  or  any  part,  shall  be  received.  Its  second 
reading  shall  be  for  consideration  ;  and,  on  a  subsequent 
day,  when  it  shall  be  taken  up,  as  in  committee  of  the 
whole,  and  every  one  shall  be  free  to  move  a  question  on 
any  particular  article,  in  this  form  :  "  Will  the  senate 
advise  and  consent  to  the  ratification  of  this  article  ?"  or 
to  propose  amendments  thereto,  either  by  inserting  or  by 
leaving  out  words;  in  .which  last  case,  the  question  shall 
be,  "  Shall  these  words  stand  as  part  of  the  article  ?" 
and  in  every  of  the  said  cases,  the  concurrence  of  two- 
thirds  of  the  senators  present  shall  be  requisite  to  decide 
affirmatively.  And  when  through  the  whole,  the  proceed- 
ings shall  be  stated  to  the  house,  and  questions  shall  be 
again  severally  put  thereon  for  confirmation,  or  new 
ones  proposed,  requiring,  in  like  mariner,  a  concurrence 
of  two-thirds,  for  whatever  is  retained  or  inserted ;  the 
votes  so  confirmed  shall,  by  the  house,  or  a  committee 
thereof,  be  reduced  into  the  form  of  a  ratification,  with 
or  without  modifications,  as  may  have  been  decided,  and 
shall  be  proposed  on  a  subsequent  day,  when  every  one 
shall  again  be  free  to  move  amendments,  either  by  in- 
serting or  leaving  out  words  ;  in  which  last  case,  the 
question  shall  be,  "  Shrill  these  words  stand  part  of  the 
resolution  !"  And  in  both  cases,  the  concurrence  of  two- 
thirds  shall  be  requisite  to  carry  the  affirmative,  as  well 
as,  on  the  final  question,  to  advise  and  consent  to  the  rat- 
ification in  the  form  agreed  to. 

'34.  When  an  amendment  to  be  proposed  to  the  con- 
stitution is  under  consideration,  the  concurrence  of  two- 
thirds  of  the  members  present  shall  not  be  requisite  to 
decide  any  question  for  amendments,  or  extending  to  the 
merits,  being  short  of  the  final  question. 

35.  When  any  question  may  have  been  decided  by  the 
senate,  in  which  two-thirds  of  the  members  present  are 
necessary  to  carry  the  affirmative,  any  member  who  votes 
on  that  side  which  prevailed  in  the  question,  may  be  at 
liberty  to  move  for  a  reconsideration  ;  and  a  motion  for 
reconsideration  shall  be  decided  by  a  majority  of  votes. 

30-  All  confidential  communications  made  by  the  pre- 


192          Rules  of  the  Senate  of  the  United  States., 

sident  of  the  United  States,  to  the  senate,  shall  be  by  the 
members  thereof  kept  secret ;  arid  all  treaties  which  may 
be  laid  before  the  senate  shall  also  be  kept  secret,  until 
the  senate  shall,  by  their  resolution,  take  off  the  injunc- 
tion of  secrecy. 

37.  All  information  or  remarks,  touching  or  concerning 
the  character  or  qualifications  of  any  person  nominated  by 
the  president  to  office,  shall  be  kept  secret. 

33.  When  acting  on  confidential  or  executive  business, 
the  senate  shall  be  cleared  of  all  persons,  except  the  secreta- 
ry, the  sergeant-at-arms,  and  door-keeper,  or  in  his  absencet 
the  assistant  door-keeper. 

39.  Extracts  from  the  executive  record  are  not  to  be 
furnished  but  by  special  order. 

40.  Every  vote  of  the  senate  shall  be  entered  on  th0 
journal,  and  a  brief  statement  of  the  contents  of  each 
petition,  memorial,  or  paper,  presented  to  the  seriate,  be 
also  inserted  an  the  journal. 

41.  No  paper  or  document  shall  be  printed  for  the  use 
of  the  senate,  without  special  order. 

-12.  The  proceedings  of  the  senate,  when  they  shall 
act  in  their  executive  capacity,  shall  be  kept  in  separate 
and  distinct  books. 

43.  The  proceedings  of  the  senate,  when  not  acting  as 
in  a  committee  of  the  whole,  shall  be  entered  on  the  jour- 
nal as  concisely  as  possible,  care  being  taken  to  detail  a 
true  and  accurate  account  of  the  proceedings. 

44.  Messages  shall  be  sent  to  the  house  of  representa- 
tives by  the  secretary,  who  shall  previously  indorse  the 
final  determination  of  the  senate  thereon. 

45.  Messengers  are  introduced  in  any  state  of  busi- 
ness, except  while  a  question  is  putting,  while  the  yeas 
and  nays  are  calling,  or  while  the  ballots  are  counting. 

46.  When  the  yeas  and  nays  shall  be  taken  upon  any 
question,  in   pursuance  of  the  IGth  rule  for  conducting 
business  in  the  senate,  no  member  shall  be  permitted, 
under  any  circumstances  whatever,  to  vote  after  the  di- 
vision is  pronounced  from  the  chair. 

47.  The  presiding  officer  of  the  senate  shall  examine 
and  correct  the  journals  before  they  are  read,  and  shall 
have  the  regulation  of  such  parts  of  the  capitol  and  ite 
passages  as  are  or  may  be  set  apart  for  the  use  of  the 
senate  and  its  officers. 


>  ©m^ 

FOR  CONDUCTING  BUSINESS 
IN   THE 

HOUSE  OF  RE7RESSITCAVXVES 

OF    THE 

UNITED  STATES. 


Touching  the  Duty  of  the  Speaker. 

1.  He  shall  take  the  chair  every  day  precisely  at  the 
hour  to  which  the  house  shall  have  adjourned  on  the  pre- 
ceding day  ;  shall  immediately  call  the  members  to  order, 
and,  on  the  appearance  of  a   quorum,    shall  cause  the 
journal  of  the  preceding  clay  to  be  read. 

2.  He  shall  preserve  decorum  and  order;  may  speak 
to  points  of  order  in  preference  to  other  members,  rising 
from  his  seat  for  that  purpose,  and  shall  decide  questions 
of  order,  subject  to  an  appeal  to  the  house  by  any  two 
members  ;  on  which  appeal  no  member  shall  speak  more 
than  once  unless  by  leave  of  the  house. 

3.  He  shall  rise  to  put  a  question,  but  may  state  it  sitting. 

4.  Questions   shall  be  distinctly  put    in  this    form,  to 
wit :    "  As  many  as  are  of  opinion  that  (as  the  question 
m  ij  be)  say  aye ;"  and,    after  the  affirmative   voice  is 
expressed,  "  as  many  as  are  of  the  contrary  opinion  say 
no."     If  the  speaker  doubts,  or  a  division  be  called   for, 
the  house  shall  divide :  those    in  the  affirmative  of  the 
question   shall  first  rise  from  their  seats,  and  afterwards 
those  in  the  negative.     If  the  speaker  still  doubts,   or  a 
count  be  required,  the  speaker  shall  name  two  members, 
one  from  each  side,  to  tell  the  members  in  the  affirma- 
tive, which  being  reported,  he  shall  then  name  two  oth- 
ers, one  from  each    side,  to  tell   those  in  the   negative, 
which  being  also  reported,    he    shall  rise  and  state   the 
decision  to  the  house. 

5.  When  any  motion  or  proposition  is  made,  the  ques- 
tion, "  Will  the  house  now  consider  it  ?"  shall  not  be  put, 

112 


194  Rules  and  Orders  of  the  House  of 

unless  it  is  demanded   by  some  member,  or  is  deemed 
necessary  by  the  speaker. 

6.  The  speaker  shall  examine  and  correct  the  journal 
before  it  is  read.     He  shall  have  a  general  direction  of 
the  hall.     He  shall  have  the  right  to  name  any  member 
to  perform  the  duties  of  the  chair,  but  such  substitution, 
shall  not  extend  beyond  an  adjournment. 

7.  All  committees   shall  be  appointed  by  the  speaker, 
unless  otherwise  specially  directed  by  the  house,  in  which 
ease  they  shall  be  appointed  by  ballot ;  and  if,  upon  such 
ballot,  the  number  required  shall  not   be  elected  by  a  ma- 
jority of  the  votes  given,  the  house  shall  proceed  to  a  sec- 
ond ballot,  in  which  a  plurality  of  votes  shall  prevail ; 
and,  in  case  a  greater  number  than  is  required  to  com- 
pose or  complete  a  committee  shall  have  an  equal  num- 
ber of  votes,  the  house  shall  proceed  to  a  further  ballot  or 
ballots. 

8.  In  all  other  cases  of  ballot  than  for  committees,  a 
majority  of  the  votes  given  shall  be  necessary  to  an  elec- 
tion ;  and  when  there  shall  not   be    such  a  majority  on 
the  first  ballot,  the  ballot  shall  be  repeated  until  a  major- 
ity be  obtained. 

9.  In  all  cases  of  ballot  by  the  house,  the  speaker 
shall  vote ;  in  other  cases  he  shall  not  vote,  unless  the 
house  be  equally  divided,  or  unless  his  vote,  if  given  to  the 
minority,  will  make  the  division  equal :  and,    in  case  of 
such  equal  division,  the  question  shall  be  lost. 

10.  In   all   cases  where  other  than   members  of  the 
house  may  be  eligible  to  any  office  by  the  election  of  the 
house,  there  shall  be  a  previous  nomination. 

11.  All  acts,  addresses,  and  joint  resolutions,  shall  be 
signed  by  the  speaker  ;  and  all  writs,  warrants,  and  sub- 
prenas,  issued  by  order  of  the  house,  shall  be  under  his 
hand  and  seal,  attested  by  the  clerk. 

12.  In  case  of  any  disturbance,  or  disorderly  conduct 
in  the  galleries  or  lobby,  the  speaker,  (or  chairman  of  the 
committee  of  the  whole  house,)   shall  have  power  to  or- 
der the  same  to  be  cleared. 

13.  No  person,  except  members  of  the  senate,  their 
secretary,  heads  of  departments,  the  treasurer,  comp- 
troller* register,  auditor,  post  master-general,  president's 
secretary,  chaplains  to  congress,  judges  of  the  United 


Representatives  of  the  United  States.  195 

States,  foreign  ministers  and  their  secretaries,  officers 
who,  by  name,  have  received,  or  shall  hereafter  receive, 
the  thanks  of  congress  for  their  gallantry  and  good  con- 
duct displayed  in  the  service  of  their  country,  the  com- 
missioners of  the  navy  board,  governor,  for  the  time  be- 
ing, of  any  state  or  territory  in  the  Union,  who  may  at- 
tend at  the  seat  of  the  general  government  during  the  ses- 
sions of  congress,  and  who  may  choose  to  avail  himself 
of  such  privilege,  such  gentlemen  as  have  been  heads  of 
departments,  or  members  of  either  branch  of  the  legis- 
lature, and,  at  the  discretion  of  the  speaker,  persons 
who  belong  to  such  legislatures  of  foreign  governments 
as  are  in  amity  with  the  United  States,  shall  be  admitted 
within  the  hall  of  the  house  of  representatives. 

14.  Stenographers  wishing  to  take  down  the  debates, 
may  be   admitted  by  the  speaker,  who  shall  assign  such 
places  to  them,  on  the  floor  or  elsewhere,  to  effect  their 
object,  as  shall  not  interfere  with  the  covenience  of  the 
house, 

Order  of  business  of  the  Session. 

15.  After  six  days  from  the  commencement  of  a  sec- 
ond or  subsequent  session  of  any  congress,  all  bills,  res- 
olutions, and  reports  which  originated  in  this  house,  and 
at  the  close  of  the  next  preceding  session  remained  unde- 
termined, shall  be  resumed  and  acted  on  in  the  same  man- 
ner as  if  an  adjournment  had  not  taken  place. 

Order  of  business  of  the  day. 

16.  As  soon  as  the  journal  is  read,  the  speaker  shall 
call  for  petitions  from  the  members  of  each  state,  and 
delegates  from  each  territory,  beginning  with  Maine  ;  and 
if,  on  any  day,  the  whole  of  the    states  and    territories 
shall  not  be  called,  the  speaker  shall  begin  on  the   next 
day  where  he  left  oft'  the  previous   day.     Provided,  that, 
after  the  first  thirty  days  of  the  session,    petitions  shall 
not  be  received  except  on  the  first  day  of  the  meeting 
of  the  house  in  each  week. 

17.  The  petitions  having  been  presented  and  disposed 
of,  reports,  first   from  the  standing,  and  then  from  the 


196  Rules  and  Orders  of  the  House  of 

select  committees,  shall  be  called  for,  and  disposed  of. 
And  not  more  than  one  hour  in  each  day  shall  be  devot- 
ed to  the  subject  of  reports  from  committees,  and  reso- 
lutions; after  which  the  speaker  shall  dispose  of  the  bills, 
messages,  and  communications,  on  his  table,  and  then 
proceed  to  call  the  orders  of  the  day. 

The  above  business  shall  be  done  at   no  other  part  of 
the  day,  except  by  permission  of  the  house. 

Of  Decorum  and  Debate, 

18.  When  any   member  is  about  to  speak  in  debate, 
or  deliver  any  matter  to  the  house,  he  shall  rise  from  his 
seat,  and   respectfully  address  himself  to  Mr.  Speaker, 
and  shall  confine  himself  to  the  question  under  debate, 
and  avoid  personality. 

19.  If  any  member,  in  speaking,  or  otherwise,  trans- 
gress the  rules  of  the  house,  the    speaker  shall  or  any 
member  may,  call  to  order ;  in  which  case  the  member 
so  called  to  order  shall  immediately  sit  down,  unless  per- 
mitted to  explain,  and  the  house  shall,  if  appealed  to, 
decide    on  the  case,  but  without  debate  ;  if  there  be  no 
appeal,  the  decision  of  the  chair  shall  be  submitted  to. 
If  the  decision  be  in  favor  of  the  member  called   to  or- 
der, he  shall  be  at  liberty  to  proceed ;  if  otherwise,   he 
shall  not   be  permitted  to  proceed  without  leave  of  the 
house  :  and,  if  the  case  require  it,  he  shall  be  liable  to 
the  censure  of  the  house. 

20.  When  two  or  more  members  happen  to   rise   at 
once,  the  speaker  shall  name  the  member  who  is  first  to 
speak. 

21.  No  member  shall  speak  more    than  twice   to  the 
same  question,  without  leave  of  tiie  house,  nor  more  than 
once,  until  every  member  choosing  to   speak  shall  have 
spoken. 

22.  Whilst  the  speaker  is  putting  any  question,  or  ad- 
dressing the  house,  none  shall  walk  out  of,  or  across,  the 
house  ;  nor  in  such  case,  or  when  a  member  is  speaking, 
shall  entertain  private  discourse ;  nor,  whilst  a  member 
is  speaking,  shall  pass  between  him  and  the  chair. 

23.  No  member  shall  vote  on  any  question  in  the  event 
of  which  he  is  immediately  and  particularly  interested; 


Representatives  of  the  United  States.  197 

or  in  any  case  where  he  was  not  present  when  the  ques- 
tion was  put. 

24.  Upon  a  division  and  count  of  the  house  on    any 
question,  no  member  without  the  bar  shall  be   counted. 

25.  Every  member  who    shall   be   in  the  house  when 
the  question  is  put  shall  give   his  vote,  unless,  the  house 
for  special  reasons  shall  excuse  him. 

26.  When  a  motion  is  made  and  seconded,  it  shall  be 
stated  by  the  speaker  ;  or,  being   in  writing,  it  shall  be 
handed  to  the  chair,  and  read  aloud  by  the  clerk  before 
debated. 

27.  Every  motion  shall  be  reduced  to  writing,    if  th« 
speaker  or  any  member  desire  it. 

28.  After  a  motion  is  stated  by  the  speaker,  or  read 
by  the  clerk,  it  shall  be  deemed  to  be  in  the  possession  of 
the  house,   but  may  be  withdrawn  at  any  time  before  a 
decision  or  amendment. 

29.  When  a  question  is  under  debate,  no  motion  shall 
be  received  but  to  adjourn,  to  lie  on  the  table,  for   the 
previous  question,  to  postpone  to  a  day  certain,  to  com- 
mit or  amend,  to  postpone  indefinitely  ;  which  several 
motions,  shall   have  precedence   in  t^e    order  in  which 
they  are  arranged  ;  and  no  motion  to  postpone  to  a  day 
certain,   to  commit,  or  to   postpone    indefinitely,  being 
decided,  shall  be  again  allowed  on  the  same  day,  and  at 
the  same  stage  of  the  bill  or  proposition.     A  motion  to 
strike  out  the  enacting  words  of  a  bill  shall  have  prece- 
dence of  a  motion  to  amend,  and,  if  carried,  shall  be  con- 
sidered equivalent  to  its  rejection. 

30.  When  a  resolution  shall  be  offered,  or  a  motion 
made,  to  refer    any   subject,  and    different  committees 
shall  be  proposed,  the  question  shall  be  taken  in  the  fol- 
lowing order : 

The  committee  of  the  whole  house  on  the  state  of  the 
Union  ;  the  committee  of  the  whole  house  ;  a  standing 
committee  ;  a  select  committee. 

31.  A  motion  to  adjourn  shall  be  always  in  order    af- 
ter 4  o'clock,  P.  M.  but  before  that   hour  it  shall  not  be 
in  order,  if  there  be  at  the  time  any  question  pending  be- 
fore the  house ;  that,  and  the  motion  to  lie  on  the  table 
shall  be  decided  without  debate, 


198  Rules  and  Orders  of  the  House  of 

32.  The  previous  question  shall  be  in  this  form  ;  *'  shall 
the  main  question  be  now  put  ?"  It  shall  only  be  admit- 
ted when  demanded  by  a  majority  of  the  members    pre- 
sent ;  and,  until  it  is  decided,  shall  preclude  all  amend- 
ment, and  further  debate  of  the  main  question. 

33.  On  a  previous  question  there  shall  be  no  debate. 

34.  When  a  question   is  postponed  indefinitely,    the 
same  shall  not  be  acted  upon  again  during  the  session. 

35.  Any  member  may  call  for  the  division  of  a  ques- 
tion, which  shall  be  divided  if  it  comprehends  questions 
so  distinct,  that,  one  being  taken   away,   the  rest  may 
stand  entire  for  the  decision  of  the  house :  a  motion  to 
strike  out  and  insert  shall  be  deemed  indivisible.     But  a 
motion  to  strike  out  being   lost,  shall  preclude    neither 
amendment,  nor  a  motion  to  strike  out  and  insert. 

36.  Motions  and  reports  may  be  committed  at  the  pleas- 
ure of  the  house. 

37.  No  motion  or  proposition  on  a  subject   different 
from   that  under  consideration  shall  be  admitted  under 
colour  of  amendment. 

38.  When  a  motion  has  been  once  made  and  carried 
in  the  affirmative  or  negative,  it  shall  be  in  order  for  any 
member  of  the  majority  to  move  for  the  reconsideration 
thereof,  on  the  same,  or  the  succeeding  day. 

39.  When  the  reading  of  a  paper  is  called  for,  and  the 
same  is  objected  to  by  any  member,  it  shall  be  determined 
by  a  vote  of  the  house. 

40.  The  unfinished  business  in   which  the  house  was 
engaged  at  the  last  preceding  adjournment  shall  have  the 
preference  in  the  orders  of  the  day ;  and  no  motion  on 
any  other  business    shall   be  received,   without   special 
leave  of  the  house,  until  the  former  is  disposed  of. 

41.  If  a  question  depending  be  lost  by  adjournment  of 
the  house,  and  revived  on  the  succeeding  day,  no  mem- 
ber who  shall  have  spoken  twice  on  the  preceding  day 
shall  be  permitted  again  to  speak  without  leave. 

4i2.  Every  order,  resolution,  or  vote,  to  which  the  con- 
currence of  the  senate  shall  be  necessary,  shall  be  read 
to  the  house,  and  laid  on  the  table,  on  a  day  preceding 
that  in  which  the  same  shall  be  moved,  unless  the  house 
shall  otherwise  expressly  allow. 

43.  Petitions,  memorials,  and  other  papers,  addressed 


Representatives  of  the  United  States.  199 

to  the  house,  shall  be  presented  by  the  speaker,  or  by  a 
member  in  his  place;  a  brief  statement  of  the  contents 
thereof  shall  verbally  be  made  by  the  introducer,  and 
shall  not  be  debated  or  decided  on  the  day  of  their  being 
first  read,  unless  where  the  house  shall  direct  otherwise ; 
but  shall  lie  on  the  table  to  be  taken  up  in  the  order  they 
were  read. 

44.  A  proposition,   requesting  information  from  the 
president  of  the  United  States,  or  directing  it  to  be  fur- 
nished by  the  head  of  either  of  the  executive  departments, 
or  by  the   postmaster  general,  shall  lie  on  the  table  one 
day   for  consideration,  unless  otherwise  ordered  by  the 
unanimous  consent  of  the  house;  and  all  such  proposi- 
tions shall  be  taken  up  for  consideration  in  the  order  they 
were  presented,  immediately  after  reports  are  called  for 
from  select  committees ;  and,  when  adopted,   the  clerk 
shall  cause  the  same  to  be  delivered. 

45.  Any  fifteen   members,  (including  the  speaker,  if 
there  be  one,)  shall  be  authorised  to  compel  the  attend- 
ance of  absent  members. 

46.  Upon  calls  of  the  house,  or  in  taking  the  yeas  and 
nays  on  any  question,  the  names  of  the  members  shall 
be  called  alphabetically. 

47.  Any  member  may  excuse  himself  from  serving  on 
any  committee  at  the  time  of  his  appointment,  if  he  is 
then  a  member  of  two  other  committees. 

48.  No  member  shall  absent  himself  from  the  service 
of  the  house,  unless  he  have  leave,  or  be  sick  and  unable 
to  attend. 

49.  Upon  a  call  of  the  house,  the  names  of  the  mem* 
bers  shall  be  called  over  by  the  clerk,  and  the  absentees 
noted  ;    after  which  the  names  of  the  absentees  shall 
again  be  called  over,  the  doors  shall  then  be  shut,  and 
those  for  whom   no  excuse,   or  insufficient  excuses  are 
made,  may,  by  order  of  those  present,  if  fifteen  in  num- 
ber,  be  taken  into  custody  as  they   appear,  or  may  be 
sent  for  and  taken  into  custody,   wherever  to  be  found, 
by  special  messengers  to  be  appointed  for  that  purpose. 

50.  When  a  member  shall  be  discharged  from  custody 
and  admitted  to  his  seat,  the  house  shall  determine  whe- 
ther such  discharge  shall  be  with  or  without  paying  fees  ; 
and  in  like  manner,  whether  a  delinquent  member,  taken 


200 


Rules  and  Orders  of  the  House  of 


into  custody  by  a  special  messenger,  shall,  or  shall  no! 
be  liable  to  defray  the  expense  of  such  special  messenger. 

51.  A  sergeant-at-arms  shall  be  appointed,  to  hold  his 
office  during  the  pleasure  of  the  house ;   whose   duty  it 
shall  be  to  attend  the  house  during  its  sitting ;  to  execute 
the  commands  of  the  house,  from  time  to  time;  together 
with  all   such  process,   issued  by  authority  thereof,  as 
shall  be  directed  to  him  by  the  speaker. 

52.  The  fees  of  the  sergeant-at-arms  shall  be,  for  eve- 
ry arrest,  the  sum  of  two  dollars ;  for  each  day's  custedy 
and  releasement,  one  dollar ;  and  for  travelling  expenses 
for  himself  or  a  special  messenger,  going  and  returning, 
one-tenth  of  a  dollar  per  mile. 

53.  Nineteen  standing  committees  shall  be  appointed 
at  the  commencement  of  each  session,  viz: 

A  committee  on  the  territories, 
A  committee  on  revolutionary  claims, 
A  committee  on  military  pensions, 
A  committee  of  elections, 
A  committee  of  ways  and  means, 
A  committee  of  cluiim 
A  committee  of  commerce, 
A  committee  on  the  public  lands, 
A  committee  on  the  post  office  and  post  roads,     To  consist  of  sA- 
A  committee  for  the  District  of  Columbia,  ven  members 

A  committee  on  the  judiciary,  each. 

A  committee  on  public  expenditures, 
A  committee  on  private  land  claims, 
A  committee  on  manufactures, 
A  committee  on  agriculture, 
A  committee  on  Indian  affairs, 
A  committee  on  military  affairs, 
A  committee  on  naval  affairs, 
A  committee  on  foreign  affairs, 
A  committee  of  rcvisal  and  unfinished  business,  \  To  consist  of 
and  \  three  members 

A  committee  of  accounts,  each. 

It  shall  be  the  duty  of  the  paid  committee  of  elections 
to  examine  and  report  upon  the  certificates  of  election  or 
other  credentials  of  the  members  returned  to  serve  in  this 


Representatives  of  the  United  States.  '~JOl 

house,  and  to  take  into  their  consideration  all  such  peti- 
tions, and  other  matters  touching  elections  and  returns, 
as  shall  or  may  be  presented,  or  come  in  question,  and 
be  referred  to  them  by  the  house. 

It  shall  be  the  duty  of  the  said  committee  of  ways  and 
means,  to  take  into  consideration  all  such  reports  of  the 
treasury  department,  and  all  such  propositions  relative  to 
the  revenue,  as  may  be  referred  to  them  by  the  house  ;  to 
inquire  into  the  state  of  the  public  debt,  or  the  revenue, 
and  of  the  expenditures,  and  to  report,  from  time  to  time, 
their  opinion  thereon  ;  to  examine  into  the  state  of  the 
several  public  departments,  and  particularly  into  the 
laws  making  appropriations  of  monies,  and  to  report 
whether  the  monies  have  been  disbursed  conformably 
with  such  laws  ;  and  also  to  report,  from  time  to  time, 
such  provisions  and  arrangements  as  may  be  necessary 
to  add  to  the  economy  of  the  departments,  and  the  ac- 
countability of  their  officers. 

In  preparing  bills  of  appropriation  for  other  objects, 
they  shall  not  include  appropriations  for  carrying  into 
effect  treaties  made  by  the  United  States ;  and  where  an 
appropriation  bill  shall  be  referred  to  them,  for  their 
consideration,  which  contains  appropriations  for  carry- 
ing a  treaty  into  effect,  and  for  other  objects,  they  shall 
propose  such  amendments  as  shall  prevent  appropria- 
tions for  carrying  a  treaty  into  effect  being  included  in 
the  same  bill  with  appropriations  for  other  objects. 

It  shall  be  the  duty  of  the  said  committee  of  claims  to 
take  into  consideration  all  such  petitions  and  matters  or 
things  touching  claims  and  demands  on  the  United  States, 
as  shall  be  presented,  or  shall  or  may  come  in  question, 
and  be  referred  to  them  by  the  house  ;  and  to  report  their 
opinion  thereupon,  together  with  such  propositions  for 
relief  therein,  as  to  them  shall  seem  expedient. 

It  shall  be  the  duty  of  the  said  committee  of  commerce 
to  take  into  consideration  all  such  petitions  and  matters 
or  things  touching  the  commerce  of  the  United  States,  as 
shall  be  presented,  or  shall  or  may  come  in  question, 
and  be  referred  to  them  by  the  house,  and  to  report,  from 
time  to  time,  their  opinion  thereon. 

It  shall  be  the  duty  of  the  said  committee  on  the  pub- 
lic lands  to  take  into  consideration  all  such  petitions  and 

S 


Rules  and  Orders  of  the  House  of 

matters  or  thhigs  respecting  the  lands  of  the  United  States, 
as  shall  be  presented,  or  shall  or  may  come  in  question, 
and  be  referred  to  them  by  the  house  ;  and  to  report  their 
opinion  thereupon,  together  with  such  proposition  for  re- 
lief therein,  as  to  them  shall  seem  expedient. 

It  shall  be  the  duty  of  the  committee  on  the  post  office 
and  post  roads  to  take  into  consideration  all  such  peti- 
tions and  matters  or  things  touching  the  post  office  and 
post  roads,  as  shall  be  presented,  or  may  come  in  ques- 
tion and  be  referred  to  them  by  the  house  ;  and  to  report 
their  opinion  thereupon,  together  with  such  propositions 
relative  thereto,  as  to  them  shall  seem  expedient. 

It  shall  be  the  duty  of  the  committee  for  the  district  of 
Columbia  to  take  into  consideration  all  such  petitions, 
matters,  or  things,  touching  the  said  district,  as  shall  be 
presented,  or  shall  come  in  question,  and  be  referred  to 
them  by  the  house  ;  and  to  report  their  opinion  thereupon, 
together  with  such  propositions  relative  thereto,  as  to 
them  shall  seem  expedient. 

It  shall  be  the  duty  of  the  said  committee  on  the  judi- 
ciary to  take  into  consideration  all  such  petitions,  and 
matters,  or  things,  touching  judicial  proceedings,  as  shall 
be  presented,  or  may  come  in  question,  and  be  referred 
to  them  by  the  house  ;  and  to  report  their  opinion  there- 
upon, together  with  such  propositions  relative  thereto, 
as  to  them  shall  seem  expedient. 

It  shall  be  the  duty  of  the'  said  committee  on  pensions 
and  revolutionary  claims  to  take  into  consideration  all 
such  petitions,  and  matters,  or  things,  touching  military 
pensions,  and,  also,  claims  and  demands  originating  in 
the  revolutionary  war,  or  arising  therefrom,  as  shall  be 
presented,  or  shall  or  may  come  in  question,  and  be  re- 
ferred to  them  by  the  house  ;  and  to  report  their  opinion 
thereupon,  together  with  such  propositions  for  relief 
therein,  as  to  them  shall  seem  expedient. 

It  shall  be  the  duty  of  the  said  committee  on  public  ex- 
penditures to  examine  into  the  state  of  the  several  public 
departments,  and  particularly  into  laws  making  appro- 
priations of  monies,  and  to  report  whether  the  monies 
have  been  disbursed  conformably  with  such  laws ;  and, 
also,  to  report,  from  time  to  time,  such  provisions,  and 
arrangements,  as  may  be  necessary  to  add  to  the  econo- 


Representatives  of  the  United  States. 

my  of  their  departments,  and  the  accountability  of  their 
officers. 

It  shall  be  the  duty  of  the  said  committee  on  private 
land  claims  to  take  into  consideration  all  claims  to  land 
"which  may  be  referred  to  them,  or  shall  or  may  come  in 
question,  and  to  report  their  opinion  thereupon,  together 
with  such  propositions  for  relief  therein,  as  to  them  shall 
seern  expedient. 

It  shall  be  the  duty  of  the  said  committee  of  revisal  and 
unfinished  business  to  examine  and  report  what  laws 
have  expired,  or  are  near  expiring,  and  require  to  be  re- 
vived or  further  continued ;  also,  to  examine  and  report, 
from  the  journal  of  the  last  session,  all  such  matters  as 
were  then  depending  and  undetermined. 

It  shall  be  the  duty  of  the  said  committee  of  accounts 
to  superintend  and  control  the  expenditure  of  the  contin- 
gent fund  of  the  house  of  representatives,  and  to  audit 
and  settle  all  accounts  which  may  be  charged  thereon  ; 
and  also  to  audit  the  accounts  of  the  members  for  their 
travel  to  and  from  the  seat  of  government,  and  their  at- 
tendance in  the  house. 

It  shall  be  the  duty  of  the  said  committee  on  military 
affairs  to  take  into  consideration  all  subjects  relating  to 
the  military  establishment  and  public  defence,  which  may 
be  referred  to  them  by  the  house,  and  to  report  their  opin- 
ion thereupon ;  and  also  to  report,  from  time  to  time, 
such  measures  as  may  contribute  to  economy  and  ac- 
countability in  the  said  establishment. 

It  shall  be  the  duty  of  the  said  committee  on  naval  af- 
fairs to  take  into  consideration  all  matters  which  concern 
the  naval  establishment,  and  which  shall  be  referred  to 
them  by  the  house,  and  report  their  opinion  thereupon ; 
and  also  to  report,  from  time  to  time,  such  measures  as 
may  contribute  to  economy  and  accountability  in  the 
said  establishment. 

It  shall  be  the  duty  of  the  said  committee  on  foreign 
affairs  to  take  into  consideration  all  matters  which  con- 
cern the  relations  of  the  United  States  with  foreign  na- 
tions, and  which  shall  be  referred  to  them  by  the  house, 
and  to  report  their  opinion  on  the  same. 

54.  Six  additional  standing  committees  shall  be  ap- 
pointed at  the  commencement  of  the  first  session  in  each 


To  consist  of 

three  members 

each. 


204  Rules  and  Orders  of  the  House  of 

congress,  whose  duties  shall  continue  until  the  first  ses- 
sion of  the  ensuing  congress. 

1 .  A  committee  on  so  much  of  the  public  accounts ' 
and  expenditures  as  relate  to  the  department 
of  state. 

2.  A  committee  on  so  much  of  the  public  ac- 
counts and  expenditures  as  relate  to  the  treas- 
ury department. 

3.  A  committee  on  so  much  of  the  public  ac- 
counts and  expenditures  as  relate  to  the  de- 
partment of  war. 

4.  A  committee  on  so  much  of  the  public  ac- 
counts and  expenditures  as  relate  to  the  depart- 
ment of  the  navy. 

5.  A  committee  on  so  much  of  the  public  ac- 
counts and  expenditures  as  relate  to  the  post 
office;  and 

6.  A  committee  on  so  much  of  the  public  ac- 
counts and  expenditures  as  relate  to  the  pub- 
lic buildings. 

It  shall  be  the  duty  of  the  said  committees  to  examine 
into  the  state  of  the  accounts  and  expenditures  respect- 
ively submitted  to  them,  and  to  inquire  arid  report  par- 
ticularly— 

Whether  the  expenditures  of  the  respective  depart- 
ments are  justified  by  law: 

Whether  the  claims  from  time  to  time  satisfied  and 
discharged  by  the  respective  departments  are  supported 
by  sufficient  vouchers,  establishing  their  justness  both  as 
to  their  character  and  amount : 

Whether  such  claims  have  been  discharged  out  of 
funds  appropriated  therefor,  and  whether  all  monies 
have  been  disbursed  in  conformity  with  appropriation 
laws ;  and 

Whether  any,  and  what  provisions  are  necessary  to 
be  adopted  to  provide  more  perfectly  for  the  proper  ap- 
plication of  the  public  monies,  and  to  secure  the  gov- 
ernment from  demands  unjust  in  their  character,  or  ex- 
travagant in  their  amount. 

And  it  shall  be,  moreover,  the  duty  of  the  said  coni-> 


Representatives  of  the  United  States.  29.* 

tnittees  to  report,  from  time  to  time,  whether  any,  and 
whiii  retrenchment  can  be  made  in  the  expenditures  of 
the  several  departments  without  detriment  to  the  public 
service :  whether  any,  and  what  abuses  at  any  time  exist 
in  the  failure  to  enforce  the  payment  of  monies  which 
may  be  due  to  the  United  States  from  public  defaulters 
or  others,  and  to  report,  from  time  to  time,  such  provis- 
ions and  arrangements  as  may  be  necessary  to  add  to  the 
economy  of  the  several  departments,  and  the  accounta- 
bility of  their  officers.  . 

55.  The   several   standing   committees  of  the    house 
shall  have  leave  to  report  by  bill  or  otherwise. 

56.  No  committee   shall  sit  during  the  sitting  of  the 
house  without  special  leave. 

57.  The  clerk  of  the  house  shall  take  an  oath  for  the 
true  and  faithful  discharge  of  the  duties  of  his  office,  to 
the  best  of  his    knowledge  and   abilities,   and    shall  be 
deemed  to  continue  in  office  until  another  be  appointed. 

58.  It  shall  be  the  duty  of  the  clerk  to  make  and  cause 
to  be  printed  and  delivered  to  each  member,  at  the  com- 
mencement of  every  session  of  congress,  a  list  of  the  re- 
ports which  it  is  the  duty  of  any  officer  or  department  of 
the  government  to  make  to  congress  ;  referring  to  the  act 
or  resolution,  and  page  of  the  volume  of  the  laws  or  jour- 
nal in  which  it  may  be  contained ;  and  placing  under  the 
name  of  each  officer  the  list  of  reports  required  of  him 
to  be  made,  and  the  time  when  the   report  may  be  ex- 
pected. 

59.  It  shall  be  the  duty  of  the  clerk  of  the  house,  at 
the  end  of  each  session,  to  send  a  printed  copy  of  the 
journals  thereof  to  the  executive,  and  to  each  branch  of 
the  legislature  of  every  state. 

60.  All  questions  of  order  shall  be  noted  by  the  clerk, 
with  the   decision,  and  put  together   at  the  end  of  the 
journal  of  every  session. 

61.  The  clerk  shall  take  care  that  once  a  week  all  the 
books  provided  for  the  use  of  the  house  shall  be  placed 
in  order,  according  to  some  fixed  arrangement,  and  make 
report  to  the  speaker  of  such  books  as  are  missing. 

62.  Whenever  confidential   communications   are   re- 
ceived from  the  president  of  the  United  States,  the  house 
shall  be  cleared  of  all  persons  except  the  members,  clerk. 

S-2 


206  Rules  and  Orders  of  the  House  of 

sergeant-at-arms,  and  door-keeper,  and  so  continue  dttf- 
ing  the  reading  of  such  communications,  and,  (unless 
otherwise  directed  by  the  house,)  during  all  debates  and 
proceedings  to  be  had  thereon.  And  when  the  speaker, 
or  any  other  member,  shall  inform  the  house  that  he  has 
communications  to  make,  which  he  conceives  ought  to  be 
kept  secret,  the  house  shall,  in  like  manner,  be  cleared 
till  the  communication  be  made ;  the  house  shall  then 
determine  whether  the  matter  commuuicated  requires 
secrecy  or  not,  and  take  order  accordingly. 

63.  The  sergeant-at-arms  and  the   door-keeper  shall 
be  sworn  to  keep  the  secrets  of  the  bouse. 

64.  All  questions  relating  to  the  priority  of  business  to 
be  acted  on,  shall  be  decided  without  debate. 

Of  Bills. 

65.  Every  bill  shall  be  introduced  by  motion  for  leave, 
or  by  an  order  of  the  house,  on  the  report  of  the   com- 
mittee ;  and,  in  either  case,  a  committee  to  prepare  the 
same  shall  be  appointed.     In  cases  of  a  general  nature, 
one  day's  notice  at  least   shall  be  given  of  the  motion  to 
bring  in  a  bill ;  and  every  such  motion  may  be  committed. 

66.  Every  bill  shall  receive  three  several  readings  in 
the  house  previous  to  its  passage ;    and  all  bills  shall  be 
despatched   in  order   as  they  were  introduced,   unless 
where  the  house  shall  direct  otherwise;  but  no  bill  shall 
be  twice  read  on  the  same  day,  without  special  order  of 
the  house. 

67.  The  first  reading  of  a  bill  shall  be  for  information, 
and,  if  opposition  be  made  to  it,  the  question  shall  be, 
"  Shall  this  bill  be  rejected  ?"  If  no  opposition  be  made, 
or  if  the  question  to  reject  be  negatived,  the  bill  shall  go 
to  its  second  reading  without  a  question. 

68.  Upon  the  second   reading  of  a  bill,  the  speaker 
shall  state  it  as  ready  for  commitment  or  engrossment ; 
and  if  committed,  then  a  question  shall  be,  whether  to  a 
select  or  standing  committee,  or  to  a  committee  of  the 
whole  house;  if  to  a  committee  of  the  whole  house,  the 
house  shall  determine  on  what  day.     But  if  the  bill  be 
ordered  to  be  engrossed,  the  house  shall  appoint  the  day 
when  it  shall  be  read  the  third  time. 


Representatives  of  the  United  States.  207 

69.  Not  more  than  three  bills  originating  in  this  house 
shall  be  committed  to  the  same  committee  of  the  whole 
house,  and  such  bills  shall  be  analogous  in  their  nature, 
which  analogy  shall  be  determined  by  the  speaker. 

70.  After  commitment  and  report  thereof  to  the  house, 
or  at  any  time  before  its  passage,  a  bill  may  be  recom- 
mitted. 

71.  All  bills  ordered  to  be  engrossed  shall  be  executed 
in  a  fair  round  hand. 

72.  No  amendment,  by  way  of  rider,  shall  be  received 
to  any  bill  on  its  third  reading. 

73.  When  a  bill  shall  pass,  it  shall  be  certified  by  the 
clerk,  noting  the  day  of  its  passage  at  the  foot  thereof. 

Of  Committees  of  the  Whole  House. 

74.  It  shall  be  a  standing  order  of  the  day,  throughout 
the  session,  for  the  house  to  resolve  itself  into  a  commit- 
tee of  the  whole  house  on  the  state  of  the  Union. 

75.  In  forming  a  committee  of  the  whole  house,  the 
speaker  shall  leave  his  chair,  and  a  chairman,  to  preside 
in  committee,  shall  be  appointed  by  the  speaker. 

76.  Upon  bills  committed  to  a  committee  of  the  whole 
house,  the  bill  shall  be  first  read  throughout  by  the  clerk, 
and  then  again  read  and  debated  by  clauses,  leaving  the 
preamble  to  be  last  considered ;  the  body  of  the  bill  shall 
not  be  defaced  or  interlined,  but  all  amendments  noting 
the  page  and  line,  shall  be  duly  entered  by  the  clerk  on 
a  separate  paper,  as  the  same  shall  be  agreed  to  by  the 
committee,  and  so  reported  to  the  house.     After  report, 
the  bill  shall  again  be  subject  to  be  debated  and  amended 
by  clauses,  before  a  question  to  engross  it  be  taken. 

77.  All  amendments  made  to  an  original   motion   in 
committee  shall  be  incorporated  with  the  motion,  and  so 
reported. 

78.  All  amendments  made  to  a  report  committed  to  a 
committee  of  the  whole  house  shall  be  noted  and  reported 
as  in  case  of  bills. 

79.  All  questions,   whether   in   committee  or   in  the 
house,  shall  be  propounded  in  the   order  in  which  they 
were  moved,  except  that,  in  filling  up  blanks,  the  largest 
sum  and  longest  time  shall  be  first  put. 


208    Rules  and  Orders  of  the  House  of  Representatives. 

80.  No  motion  or  proposition  for  a  tax  or  charge  upon 
the  people  shall  be  discussed  the  day  in  which  it  is  made 
or  offered,  and  every  such   proposition  shall  receive  its 
first  discussion  in  a  committee  of  the  whole  house. 

81.  No  sum  or  quantum  of  tax  or  duty,  voted  by  a 
committee  of  the  whole  house,  shall  be  increased  in  the 
house  until  the  motion  or  proposition  for  such  increase 
shall  be  first  discussed  and  voted  in  a  committee  of  the 
whole  house,  and  so  in  respect  to  the  time  of  its  contin- 
uance. 

82.  All  proceedings,  touching  appropriations  of  money, 
shall  be  first  discussed  in  a  committee  of  the  whole  house. 

83.  The  rules  of  proceeding  in  the  house  shall  be  ob- 
served in  a  committee  of  the  whole  house,  so  far  as  they 
may  be  applicable,  except  the  rule  limiting  the  time   of 
speaking ;  but  no  member  shall  speak  twice  to  any  ques- 
tion, until  every  member  choosing  to   speak  shall  have 
spoken. 

84.  When  the  house  shall  be  in  committee  of  the  whole 
upon  any  subject,  the  consideration  of  which  shall   have 
been  continued  from  a  preceding  day,  a  motion  for   the 
committee  to  rise  and  report  progress  shall  not  be  in  or- 
der until  4  o'clock,  P.  M.  unless  to  ask  leave  to  sit  again 
on  a  day  subsequent  to  the  next  succeeding  one  ;  and  if 
upon  such  motion  the  committee  shall  rise    and  obtain 
leave  to  sit  again,  the  further  consideration  of  the  subject 
shall  be  accordingly  postponed,  and  on  the  day  to  which 
it  shall  be  thus  postponed,  it  shall  have  precedence  of  all 
other  orders,  except  the  unfinished  business  of  a  pre- 
ceding day. 

85.  No   standing   rule  or  order  of  the  house  shall  be 
rescinded  or  changed  without   one    day's  notice    being 
given  of  the  motion  therefor.     Nor  shall  any  rule  be  sus- 
pended except  by  a  vote  of  at   least  two-thirds  of  the 
members  present. 

86.  It  shall  be  in  order  for  the  committee  on  enrolled 
bills  to  report  at  any  time. 


JOINT  RULES  AWD  ORDERS 

OP   THE 

TWO  HOUSES. 


1.  In  every  case  of  an  amendment  of  a  bill  agreed  to  in 
one  house,  and  dissented  to  in  the  other,  if  either  house 
shall  request  a  conference  and  appoint  a  committee  for 
that  purpose,  and  the  other  house  shall   also  appoint  a 
committee  to  confer,  such  committee  shall,  at  a  conven- 
ient hour,  to  be  agreed  on  by  their  chairman,  meet  in 
the  conference  chamber  and  state  to  each  other  verbally, 
or  in  writing,  as  either  shall  choose,  the  reasons  of  their 
respective  houses  for  and  against  the  amendment,  and 
confer  freely  thereon. 

2.  When  a  message  shall  be  sent  from  the  senate  to 
the  house  of  representatives,  it  shall  be  announced  at  the 
door  of  the  house  by  the  doorkeeper,    and   shall  be  re- 
spectfully  communicated  to  the  chair,  by  the  person  by 
whom  it  may  be  sent. 

3.  The  same  ceremony  shall  be  observed  when  a  mes- 
sage shall  be  sent  from   the  house  of  representatives  to 
the  senate. 

4.  Messages  shall  be  sent  by  such  persons  as  a  sense 
of  propriety  in  each  house  may  determine  to  be  proper. 

5.  While  bills  are  on  their  passage  between  the  two 
houses  they  shall  be  on  paper,  and  under  the  signature  of 
the  secretary  or  clerk  of  each  house  respectively. 

6.  After  a  bill  shall  have  passed  both  houses,  it  shall 
be  duly  enrolled  on  parchment  by  the  clerk  of  the  house 
of  representatives,  or  the  secretary  of  the  senate,  as  the 
bill  may  have  originated  in  the  one  or  the  other  house, 
before  it  shall  be  presented  to  the  president  of  the  Unit- 
ed States. 

7.  When  bills  are  enrolled  they  shall  be  examined  by 
a  joint  committee  of  one  from  the  senate  and  two  from 
the  house  of  representatives,  appointed   as  a   standing 
committee  for  that  purpose,  who  shall  carefully  compare 
the  enrolment  with  the  engrossed  bills,  as  passed  in  the 


210  Joint  Rules  and  Orders 

two  houses,  and,  correcting  any  errors  that  may  be  dis- 
covered in  the  enrolled  bills,  make  their  report  forthwith 
to  the  respective  houses. 

8.  It  shall  be  the  duty  of  the  committee  on    enrolled 
bills  to  correct  any  error  in  debate  in  any  engrossed  or 
enrolled  bills,  and  report  such  correction  to  the  respective 
houses.* 

9.  After  examination   and  report,  each  bill  shall  be 
signed  in  the  respective  houses,  first  by   the  speaker  of 
the  house  of  representatives,  then  by  the  president  of  the 
senate. 

10.  After  a  bill  shall  have  been  thus  signed  in  each 
house,  it  shall  be  presented  by  the  said  committee  to  the 
president  of  the  United  States,  for   his  approbation,  it 
being  first  endorsed  on  the  back  of  the  roll,  certifying  in 
which   house  the  same  originated ;  which  endorsement 
shall  be  signed  by  the    secretary  or  clerk  (as  the  case 
may  be)  of  the  house  in  which  the  same  did  originate, 
and  shall  be  entered  on  the  journal  of  each  house.    The 
said  committee  shall  report  the  day  of  presentation  to 
the  president,  which  time  shall  also  be  carefully  entered 
on  the  journal  of  each  house. 

11.  All  orders,  resolutions,  and  votes,  which  are  to  be 
presented  to  the  president  of  the  United  States   for  his 
approbation,  shall,  also,  in  the  same  manner,  be  previous- 
ly enrolled,  examined,  and  signed,  and  shall  be  presented 
in  the  same  manner,  and  by  the  same  committee,  as  pro- 
vided in  cases  of  bills. 

12.  When   the    senate  and  house  of  representatives 
shall  judge  it  proper  to  make  a  joint  address  to   the 
president,  it  shall    be  presented  to  him  in  his  audience 
chamber  by  the  president  of  the  senate,  in  the  presence 
of  the  speaker  and  both  houses. 

13.  When  a  bill,  or  resolution,  which  shall  have  pas- 
sed in  one  house,  is  rejected  in  the  other,  notice  thereof 
is  to  be  given  to  the  house  in  which  the  same  may   have 
passed. 

14.  When  a  bill  or  resolution,  which  has  been  passed 
in  one  house,  is  rejected  in  the  other,  it  is  not  brought  in 

*Thisrule  was  adopted  by  the  house  of  representatives  on  the  12th 
of  May,  1820.  It  is  not  known  that  the  senate  have  given  it  their 
.sanction. 


of  the  two  Houses.  211 

during  the  same  session,  without  a  notice  of  ten  days, 
and  leave  of  two-thirds  of  that  house  in  which  it  shall  be 
renewed. 

15.  Each  house  transmits  to  the  other  all  papers   on 
which  any  bill  or  resolution  shall  be  founded. 

16.  After  each  house  shall  have  adhered  to  their  disa- 
greement, a  bill  or  resolution  is  lost. 

17.  No  bill  that  shall  have  passed  one  house   shall  be 
gent  for  concurrence  to  the  other  on  either  of  the  three 
last  days  of  the  session. 

18.  No  bill  or   resolution  that  shall  have  passed  the 
house  of  representatives  and  the  senate,  shall  be  present- 
ed to  the  president  of  the  United  States,  for  his  approba- 
tion, on  the  last  day  of  the  session. 


i  V 


UNIVERSITY   OF   CALIFORNIA 
LIBRARY 

This  is  the  date  on  which  this 
boot  was  charged  out. 


1    1912 


[30m-6,'ll] 


YB  08439 


~ 


12.  S^f  V 


• 


